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HomeMy WebLinkAboutAgenda Packet City Council - 12/07/2010MEW ;. IMMO 11:45 A.M. - Swearing in of newly appointed Council Member Linda Strong Proclamation declaring the week of December 6-10, 2010 as "Employee Learning Week" Certificate of Commendation Presentation to Liza Wisner Presentation announcing the 22nd Annual "Feast of Sharing" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 7, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CiTY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habre un interprete ingles- espanal en Lades las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who May need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. invocation to be given by Father Sean Maloney, St. Bartholomew's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Linda Strong City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting December 7, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meetings of November 9, 2010 and November 16, 2010 and Special Meetings of November 11, 2010 and November 30, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Food Service Advisory Committee * Marina Advisory Committee * Port of Corpus Christi Authority of Nueces County, Texas G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion approving the purchase of one (1.) commercial slope mower from Kut Kwick Corporation of Brunswick, Georgia in the amount of $51,217 based on sole source. The slope mower will Agenda Regular Council Meeting December 7, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) be used by the Water Department at the Wesley Seale Dam. Funding is budgeted and available in the Maintenance Services Fund for FY 2010 -2011. (Attachment # 3) 4. Motion approving the lease purchase of one (1) rescue pumper from Siddons Fire Apparatus, Inc. of Manor, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $399,998.63. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. (Attachment # 4) 5. Motion approving a depository services agreement with The Frost National Bank of San Antonio, Texas for the provision of depository services for the City's funds, in accordance with Request for Applications B1- 0210 -10, for a period of three years, to renew automatically for up to two additional one -year periods, unless terminated by provision of 90 days' prior notice, for an estimated three -year expenditure of $458,749.44, of which $43,007.76 is required for the remainder of FY 2010 -2011. Funds are budgeted and available in the General Fund in FY 2010 -2011 and will be requested in subsequent fiscal years. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to execute the Emergency Medical Services Medical Director contract with CHRISTUS Spohn Health System Corporation to provide medical director services and medical supervision to the City's Emergency Medical Services ( "EMS "), for an annual payment of $30,000, and subject to automatic annual renewals. (Attachment # 6) 7. a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $48,553 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $33,553 for furnishings for the Greenwood Branch Library; and $15,000 for public access computers. (Attachment # 7) b. Ordinance appropriating a grant in the amount of $48,553 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: Agenda Regular Council Meeting December 7, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) $33,553 for furnishings for the Greenwood Branch Library; and $15,000 for public access computers. (Attachment # 7) 8. Resolution amending the Debt Management Policy for the City of Corpus Christi by amending Section 15 regarding tax compliance, amending Sections 16.3 and 16.4 regarding Capital Improvement Program projects, and by making other non - substantive clarifications, and approving the Debt Management Policy as amended for Fiscal Year 2010 -2011. (Attachment # 8) 9. Resolution reaffirming the City of Corpus Christi's Investment Policy. (Attachment # 9) 10. Ordinance authorizing the resale of four (4) properties for $6,725 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $427.90 plus $1,314.49 for partial payment of City paving and demolition liens. (Attachment # 10) 11. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with AGCM, inc. of Corpus Christi, Texas in the amount of $99,450 for Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IH 37 for construction management/inspection services. (BOND 2004) (Attachment # 11) 12. Resolution endorsing the recommendations made by the Mayor's Veterans Memorial Task Force related to the future improvements to the Sherrill Park area and planning for future memorials to our veterans. (Attachment # 12) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda Regular Council Meeting December 7, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13. Executive Session under Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease or value of real property, with possible discussion and action in open session. 14. Executive Session pursuant to Texas Government Code 551.074 Personnel Matters to discuss continued employment of City Manager pending search process and qualifications of successor with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASE: 15. Case No. 1010 -01 Admirals' Row Council of Co- owners:. The applicant is requesting a change of zoning from the "AT" Apartment - Tourist District to the "AT/PUD-2" Apartment- Tourist District with Planned Unit Development -2 not resulting in a change of and use. The property to be rezoned is described as 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State Highway 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2. (Attachment # 15) Planning Commission and Staffs recommendation: Approval of the "AT" Apartment Tourist District to "AT/PUD-2" Apartment - Tourist District with Planned Unit Development — 2 subject to a site plan and eight (8) conditions. ORDINANCE Ordinance amending the Zoning Ordinance, upon application by Admirals' Row Council of Co- owners, by changing the Zoning Map in reference to 8.658 acres out of the J. W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State Highway 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2, from the "AT" Apartment - Tourist District to the "AT/PUD-2" Apartment - Tourist District with Planned Unit Development -2 (PUD -2), not resulting in a change of land use, but subject to a site plan and eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting December 7, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. a. Motion approving the purchase of thirteen (13) electronic scoreboards from Spectrum Corporation, of Houston, Texas for a total amount of $87,241. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The scoreboards are for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue. (Attachment # 16) b. Motion approving the purchase of thirty -nine (39) sets of bleachers with shade structures from T. F. Harper, of Austin, Texas for a total amount of $562,681.50. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The bleachers are for the South Guth Bali Field Relocation to a tract located on Paul Jones Avenue. (Attachment # 16) c. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $804,951.41 for the Paul Jones Avenue Holly Road Extension Project for the Base Bid plus Additive Alternate No. 2 and Additive Alternate No. 3. (Attachment # 16) 17. Resolution approving a Local Transportation Project Advance Funding Agreement for a Category 11 District Discretionary Funding On- System Project involving the construction of decorative lighting of the Harbor Bridge. (Attachment # 17) 18. Resolution authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an extension to the current electric supply and necessary related services agreement with Next Era for a fixed price per kWh that is lower than contract rates for 2011 -2013, said extension to continue until December 31, 2018; authorizing STAP to act as an agent on behalf of the City to enter into a contract for electricity; authorizing the Chairman of STAP to execute an extension to the current electric supply agreement for deliveries of electricity effective January 1, 2011 or as soon after finalization of a contract as possible; committing Agenda Regular Council Meeting December 7, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) to budget for energy purchases and to honor the City's commitments to purchase power through STAP for its electrical needs through December 31, 2018. (Attachment # 18) 19. Resolution authorizing the execution of an agreement with Corwell Express, LP (Holiday Inn Express) providing for temporary property tax abatement. (Attachment # 19) 20. Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits, and working conditions. (Attachment # 20) 21. Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from six to five, and increasing the number of Assistant Police Chiefs from one to two, effective January 17, 2011. (Attachment # 21) L. SPECIAL PUBLIC HEARING: CAPITAL BUDGET: 22. Public Hearing and First Reading Ordinance to consider approving the FY2011 Capital Budget and Capital Improvement Planning Guide in the amount of $204,724,200. (Attachment # 22) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 23. Delivery of Destination Bayfront Final Report (To be considered at approximately 2 :00 p.m.) (Attachment # 23) 24. Unified Development Code (UDC) Overview (Attachment # 24) 25. Presentation on the Maximo Application (Attachment # 25) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M„ OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN Agenda Regular Council Meeting December 7, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 9 a 0 0 p.m., on December 2, 2010. f G4L Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2010 -2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase 11 Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence i ! MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 9, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: City Staff: Brent Chesney City Manager Angel R. Escobar Larry Elizondo , Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez* Nelda. Martinez ABSENT Chris Adler *Arrived at 12:29 p.m. Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Greg Blankenship with Real Life Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of October 26, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Advisory Committee on Community Pride Stacy Richards (Reappointed) Ryan Ridlehuber (Reappointed) Philip John Ramirez (Reappointed) Ryan R. Griffith (Reappointed) Gary Brandon Cunningham (Appointed) Library Board Michael Flores (Reappointed) Dr. Stuart Elovitz (Reappointed) Natalie Rogan (Reappointed) Ella Wall Prichard (Appointed) Citizens Advisory Health Board Annie Galvan (Appointed) Landmark Commission Kim Charba (Reappointed) Susie Rucker (Reappointed) Anthony Gavlik (Appointed) Karen Howden (Appointed) John M. Olson (Appointed) Senior Companion Program Advisory Cmte. Shirley A. Selz (Appointed) * * * * * * * * * * * * —1— Minutes -- Regular Council Meeting November 9, 2010 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 10). There were no comments from the public. Council members requested that Items 5 and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010-265 Motion approving the purchase of one (1) Series IV tractor - loader - backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,779.96. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 2010 -11. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. 4. MOTION NO. 2010-266 Motion approving the purchase of a wrecker from Grande Truck Center of San Antonio, Texas for the total amount of $61,998. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The wrecker will be used by the Police Department and is a replacement to the Fleet. Funds have been budgeted by the Police Department in FY 2010 -11. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. 6. MOTION NO. 2010 -267 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS) - U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $162,865 out of a total project cost of $201,460 during the federal fiscal year October 1, 2010 through September 30, 2011. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marezwere absent. 7. MOTION NO. 2010 -268 Motion authorizing the City Manager or his designee to execute a Job Order Contract with BarCom Commercial, Inc. of Corpus Christi, Texas in the amount of $60,932.64 for the J.C. Elliott Transfer Station Tipping Floor Repairs No. 2 Project. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marezwere absent. 9. MOTION NO. 2010 -269 Motion approving the application from the Ascension Group, to temporarily close northbound and southbound Shoreline Boulevard between Starr Street and Lawrence Street for the 29'x' Annual Harbor Lights Festival and Las Lutes del Mar Festival. Street Closure will begin on Minutes — Regular Council Meeting November 9, 2010 — Page 3 Friday, December 03, 2010 at 8:00 AM and extend through Saturday, December04, 2010 at 11 :59 PM. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. 10.a. MOTION NO. 2010-270 Motion to amend prior to second reading, the amended "Ordinance amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication," by substituting a revised ordinance.(First Reading - 10/26/10) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. 10.b. ORDINANCE NO. 028830 Amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, modifying the curfew hours applicable to Corpus Christi Beach, Dolphin, and Surfside Parks, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication. (First Reading — 10126/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. 10.c. ORDINANCE NO. 028831 Amending Section 36 -8(c), Code of Ordinance, City of Corpus Christi, by deleting paragraph (1), which authorized camping in designated areas of Corpus Christi Beach Park and making a few editorial corrections; providing for penalties; and providing for publication. (First Reading — 10126110) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. Mayor Adame opened discussion on Item 5 regarding a grant application to the Texas General Land Office for costs associated with preparation of the City's required Erosion Response Plan. Council Member Leal asked why Cole Park was not included in the Erosion Response Plan. Senior Planner Bob Payne explained that the plan only pertains to Gulf beaches. Ms. Leal expressed concern regarding the erosion of areas of Cole Park. Director of Engineering Services Pete Anaya reported that the erosion of Cole Park is being addressed as part of Bond 2008. City Secretary Chapa polled the Council for their votes as follows: -3- Minutes — Regular Council Meeting November 9, 2010 — Page 4 5. RESOLUTION NO. 028827 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas General Land Office in the amount of $24,149 for costs associated with preparation of the City's required Erosion Response Plan, with a city match of $16,166 in in -kind services, and total project costs of $40,315. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. Mayor Adame opened discussion on Item 8 regarding the sale of surplus property in the Brooklyn Addition. Council Member Scott asked if staff has met with the Texas State Aquarium to discuss the sale of this property and the ability of the Aquarium to expand in the future. Tom Schmidt, Texas State Aquarium, reported that the Aquarium is engaging in a master plan for expansion and considering several parcels in the area. Mr. Schmidt added that the Aquarium is comfortable with the sale of this land. In response to Council Member Leal, Property and Land Acquisition Manager Sonny Garza stated that the appraised value of the property is $240,000. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 028828 Ordinance declaring City property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas, as surplus property to enable its sale and disposition. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. 8.b. ORDINANCE NO. 028829 Ordinance authorizing the advertisement and publication of Notice of an Offer of Sale of Surplus City Property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2618 N. Shoreline Boulevard, Nueces County, Texas ( "the Property'); authorizing the sale of the Property by sealed bid under Chapter 272 of the Texas Local Government Code; and authorizing the City Manager or his designee to execute a Deed and any related documents necessary to complete the sale and conveyance of the property. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 11. Executive session under Texas Government Code Section 551.071 (2) regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 51 of the Texas Government Code. -4- Minutes -- Regular Council Meeting November 9, 2010 — Page 5 12. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. MayorAdame announced that the executive session was informational only and no action would be taken in open session. * * * * fir * ** * * ** MayorAdame opened discussion on Item 13 regarding the discussion and consideration of appointment of a new City Council Member. City Secretary Chapa announced that Mr. Chesney would be abstaining from the discussion and vote from this item. Mr. Chapa added that Mr. Chesney stated that he does not believe it is appropriate for him to participate since the remaining Council needs to decide who they want without his interference. Mr. Chapa explained that on Monday, November 15th, the position that Mr. Chesney holds will become vacant and the City Charter requires that the Council fill the position as soon as possible. Mr. Chapa added that in previous similar instances in the last 25 years, the Council has chosen to allow anyone in the community that qualifies to.apply; set a deadline for applications, held a meeting in closed session to review the applications, and determined whether interviews should be held and made decisions in open session. Mr. Chapa presented the Council with a draft motion for consideration setting a schedule with a deadline for applications on November 23`d with the decision to be considered on December 7th. Council Member Martinez spoke in support of not limiting restrictions to individuals applying to find the most qualified applicant. Council Member Scott asked that the Council consider accelerating the process and consider appointment by November 30t ". Council Members Kieschnick, Marez, and Elizondo also spoke in support of the accelerated process. Ms. Martinez made a motion to accept applications for the anticipated vacant City Council position until 5:00 p.m., November 19, 2010, adopt the following schedule, and require that all applications be filed in the Office of the City Secretary which shall include: 1. Application for Appointment to the City Council Form, 2. Resume, 3. City's Report of Financial Information; with the schedule as follows: November 19, 2010 — Deadline for applications; November 23, 2010 — November 29, 2010 — Individual Council Member review of applications; November 30, 2010 — Closed session to consider applications /appoint in open session or determine if interviews are necessary. The motion was seconded by Mr. Kieschnick. City Secretary Chapa stated that a formal application has been prepared and the application, resume, and report of financial information would need to be presented by the deadline of November 19th. Mr. Chapa also reported that the application would be available on -line. In response to questions by Council, Mr. Chapa clarified that there would be no filing fee and all candidates would have to comply with the new charter provisions regarding term limitations. Mayor Adame called for comments from the audience. David Loeb, 522 Hancock, thanked the Council and his supporters in attendance at the meeting. Mr. Loeb expressed his desire to be considered for the vacant seat and spoke regarding his qualifications and voter support in the 2009 Council elections. Daniel Lucia recommended the appointment of David Loeb. Alan Yaffee, 466 Palermo, spoke on behalf of Mr. Loeb and his qualification and experience in the City. Joe Hilliard, 417 Lake Schwerin, spoke in support of Mr. Loeb. Carrie Robertson, 4401 Gulf Breeze Boulevard, stated that Mr. Loeb would be a good choice for the vacant seat. John Kelley, 413 Waco, stated that the citizens have spoken by voting for Mr. Loeb atthe next highest vote getter in the 2009 General Minutes — Regular Council Meeting November 9, 2010 — Page 6 Election. Jenny Dorsey also spoke in strong support of Mr. Loeb. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2010 -271 Motion that the Council accept applications for the anticipated vacant City Council position until 5:00 p.m., November 19, 2010, adopt the following schedule, and require that all applications be filed in the Office of the City Secretary which shall include: 1. Application for Appointment to the City Council Form, 2. Resume, 3. City's Report of Financial Information. Schedule November 19, 2010 — Deadline for applications November 23, 2010 — November 29, 2010 — Individual Council Member review of applications November 30, 2010 — Closed session to consider applications /appoint in open session or determine if interviews are necessary The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney abstained; Adler was absent. * * * * * * * * * * * * Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0910 -02, Ray E. Smith, Jr. —A change of zoning from "F -R" Farm -Rural District to "R-1B" One - family Dwelling District resulting in a change of land use from a farm -rural use to a one - family dwelling use. The property to be rezoned is described as approximately nine (9) acres of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road. Senior Planner Miguel Saldana referred to a powerpoint presentation including the subject property; an aerial view; the existing land use map; the future land use map; the "F -R" and "R -1 B" allowable uses; and photos of subject property. Mr. Saldana stated that the Planning Commission and staff recommended approval of the applicant's request for a change in zoning from "F -R" Farm - Rural District to "R-1B" One- family Dwelling District. In response to Council Member Leal, Mr. Saldana stated that there are no known flooding problems in the area. Council Member Elizondo asked whether the expansion of the property included more entrances. Mr. Saldana reported that the plat indicated entrances to the north and south of the property in addition to the Lipes entrance. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes as follows: Minutes — Regular Council Meeting November 9, 2010 -- Page 7 14. ORDINANCE NO. 028832 Amending the Zoning Ordinance, upon application by Ray E. Smith, Jr., by changing the Zoning Map in reference to approximately nine (9) acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road, from "F -R" Farm -Rural District to "R -1 B" One - family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Adler and Marez were absent. Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 15. Public hearing and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by amending Section 27 -3.07 relating to dumpster screening; and by adding new Section 27- 3.08 relating to dumpsters at new construction; providing for penalties; providing for publication; and providing effective dates. Senior Planner Miguel Saldana referred to a powerpoint presentation including the current ordinance; the Planning Commission Focus Group recommendation; the Planning Commission and staff recommendation; and the code enforcement study. The following topics pertaining to this item were discussed: inconsistent enforcement of the existing ordinance; outreach to notify the Apartment Association, Builders Association, neighborhood associations, and business of the new language; the difference between the current ordinance and the new ordinance; new construction screening; whether there are enough code enforcement officers to control this issue; and penalties for violations and repeat violators. No one appeared in opposition to the zoning text amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Amending the Corpus Christi Zoning Ordinance by amending Section 27 -3.07 relating to dumpster screening; and by adding new Section 27 -3.08 relating to dumpsters at new construction; providing for penalties; providing for publication; and providing effective dates. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye'; Leal voting "No "; Adler was absent. * * * * * * * * * * ** Mayor Adame opened discussion on Item 19 regarding an amendment to the Corpus Christi Business and Job Development Corporation guidelines and criteria for granting business incentives and the City's Economic Development Incentives. Emily Martinez, Corpus Christi Regional Economic Development Corporation, explained that this item is requesting approval of an amendment to the Corpus Christi Business any Job Development Guidelines and Criteria to Minutes — Regular Council Meeting November 9, 2010 — Page 8 recognize non - standard employees and an amendment to change the Economic Development Incentive Policies to incorporation the amended guidelines and criteria. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a. RESOLUTION NO. 028834 Resolution approving the amendments to the City of Corpus Christi, Texas, Business & Job Development Corporation Guidelines and Criteria for granting business incentives, adopted by the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, which recognize non - standard employees. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye`; Adler was absent. 19.b. RESOLUTION NO. 028835 Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 to incorporate the Corpus Christi Business & Job Development Corporation's amended guidelines and criteria for granting business incentives, which recognize non- standard employees. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion on Item 20 regarding a business incentive agreement between the Corpus Christi Business and Job Development Corporation and TDL Plastics, LLC. Emily Martinez, Corpus Christi Regional Economic Development Corporation (EDC), introduced Cody Bates with TDL Plastics, LLC and Joe Cisneros, EDC, who were available to respond to questions. Ms. Martinez provided a brief overview of the agreement including the creation and retention of jobs; the amount of the grant; the expansion of the facility; the investment in building improvement; the average annual salary; the capital investment; and the annual payment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028836 Resolution approving a Business Incentive Agreement for creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and TDL Plastics, L.L.C. ( "TDL "), which provides a grant of up to fifty thousand dollars ($50,000) for the relocation and expansion of TDL's Plastics facility within the City of Corpus Christi, in which TDL will invest at least $270,000 in building improvements, furniture, fixtures, and equipment and will retain at least eight current full -time jobs and create and maintain at least five new full -time jobs with an average annual salary of at least $70,000 over a five -year period and authorizing the City Manager or his designee to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TDL Plastics, L.L.C., business incentive agreement. Minutes — Regular Council Meeting November 9, 2010 — Page 9 The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Mayor Adame opened discussion on Item 24 regarding the formation of a Street Maintenance Finance Ad Hoc Advisory Committee. City Secretary Chapa announced that staff is requesting to postpone this item for one week. Mr. Scott made a motion to table Item 24 until November 16th. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. 24. POSTPONED TO NOVEMBER 16, 2010 * * * * * * * * * * * * * Mayor Adame referred to Item 17 regarding the Health and Risk Management Claims Report- Quarterly Report, period ending July 31, 2010. Assistant Director of Human Resources Joan McKaughan introduced the presentation team including Randy McGraw, Crest Benefits; Benefits Manager Pat Atkins; and Pam Taylor, Humana. Ms. McKaughan referred to a powerpoint presentation including the workers compensation performance; general liabilities performance; medical and prescription claims; and medical and prescription claims by plan. The following topics pertaining to this item were discussed: the saving on generic drugs and the highlighted trends in health care. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 18 regarding the employer- sponsored wellness clinic. Assistant Director of Human Resources Joan McKaughan introduced the presentation team including Brian Jones with First Onsite; Procurement Manager Paul Pierce; Benefits Manager Pat .Atkins; Randy McGraw with Crest Benefits; and Pam Taylor with Humana. Ms. McKaughan explained that the wellness clinic will provide services to eligible active employees, retirees, and their dependents at no cost and will be located on the 6th Floor of City Hall Ms. McKaughan provided a brief overview of this item including the evaluation team; the six (6) proposals received through the Request for Proposal Process (RFP); the proposal received late by the Health Department; the evaluation process; the scoring matrix; the top three (3) scores; the recommendation of First Onsite; the staffing model; and costs associated with the clinic renovations. The following topics pertaining to this item were discussed: the asset to employees and retirees; the cost saving; no expense to the City for clinic improvements; the proposal received late by the Health Department; the impact the clinic will have on reducing health insurance costs and the budget; the tangible benefits; promotion and communication with employees regarding the clinic services; the number of estimated visits per month; the flat monthly fee; the number of patients the clinic can handler per day; and the target date to begin operations. Council Member Leal requested information regarding the communications with the Health Department on the RFP process. -9- Minutes — Regular Council Meeting November 9, 2010 — Page 10 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. ORDINANCE NO. 028833 Ordinance appropriating $114,802 from the unreserved fund balance in the No. 5610 Employee Health Benefits - Citicare Fund and $30,978 from the unreserved fund balance in the No. 5609 Employee Health Benefits — Police Fund for the first year's operation of an employer - sponsored wellness clinic; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $145,780. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No "; Adler was absent. 18.b. MOTION NO. 2010 -272 Motion approving a service agreement with H2U Wellness Centers, LLC doing business as First Onsite of Nashville, Tennessee for operation of an employer sponsored wellness clinic, in accordance with Request for Proposal BI- 0185 -10, for a period of three years with options to extend for up to two- additional one -year periods, subject to the approval of the provider and the City Manager or his designee, for a total three -year expenditure of approximately $874,678, of which approximately $145,780 is required for the remainder of FY 2010 -2011. This service will be used to provide primary care and wellness services to eligible active employees, retirees, surviving spouses and their eligible dependents. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No "; Adler was absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 16 regarding the annual update from the Port of Corpus Christi. Port Commissioner Mike Carrell introduced Executive Director John LaRue; Deputy Port Director Frank Brogan; and Patricia Cardenas. Mr. Carrell provided a brief overview of the proposed 2011 operating budget. Mr. Brogan referred to a powerpoint presentation including the Inner Harbor; the Corpus Christi Ship Channel; the commodities; northside Ship Channel; the northside terminal; southside Ship Channel; port capabilities; the bulk terminal; wind turbine activities; Harbor Island; the Joe Fulton Corridor; the Ship Channel improvement project; draft vessels already calling at Port over 50'; ports currently at 45 feet or deeper; the Panama Canal; and the Las Brisas Energy Center. Mr. LaRue provided a progress report on the main projects at the Port including the proposed La Quinta Terminal; the Ingleside facility; Tianjin Pipe Group Corporation (TPCO) America Texas Mill; and port security. The following topics pertaining to this item were discussed: Water Resources Development Act funding for Ship Channel improvements; the water and wastewater permits for TPCO; the foreign trade zone; the La Quinta Project dredging; the deal with Ingleside facility; what needs to be in place to allow for cruise ships; tourism opportunities in the future; whether there are plans to recoup or reimburse costs to the current industries for expanding the Port; the potential tonnage expected from TPCO; how the Port is addressing the rail issue on the La Quinta side; if there is a plan in place to take business away from the Port of Houston; working with the Nueces County Rail —1p- Minutes — Regular Council Meeting November 9, 2010 — Page 11 District; the financial problems with KCS; the status of the contract with A &M and the commission on the real estate; and the business reason for dredging the Inner Harbor to 50 feet. After a brief discussion, there was a consensus of the Council to receive an update from the Port twice a year. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 21 regarding the Corban Townhomes Looping Water Improvements. Director of Engineering Services Pete Anaya explained that the Corpus Christi Housing Authority is planning a low income townhome project along Port Avenue and the platting requirements require water main improvements. Mr. Anaya referred to a powerpoint presentation including a background; project scope; project limits; schedule and costs. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2010 -273 Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $158,776.88 for Corban Townhomes Looping Water Main Improvements for the Base Bid. (Water CIP) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Mayor Adame opened discussion on Item 22 regarding the Corpus Christi (North) Beach Entry Development and Sidewalks. Director of Engineering Services Pete Anaya introduced the project team including John Wright; Ramona White; and Robert Gignac who were available to respond to questions. Mr. Anaya referred to a powerpoint presentation including a background; project location; the project scope; the beach archway; archway landscaping; sidewalk landscaping; landscaping and irrigation; directional signage; project schedule; and costs. The following topics pertaining to this item were discussed: a sustainable plan for maintenance of the landscaping; the discrepancies with the bid from Blue Bay construction; and the estimated annual cost for landscaping maintenance. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the project. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2010 -274 Motion authorizing the City Manager or his designee to execute a construction contract with Blue Bay Construction, LLC, of Houston, Texas, in the amount of $321,239.30 for Corpus Christi (North) Beach Entry Development and Sidewalks for Base Bid A, Base Bid A- Alternates No. 3 and No. 4, and Base Bid B and Base Bid B- Alternates No. 1 and No. 2. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Adler and Leal were absent. * * * * * * * * * * * * * —11— Minutes — Regular Council Meeting November 9, 2010 — Page 12 Mayor Adame called for petitions from the audience. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce spoke regarding the importance of the Port Industries; the program "My Town, My Program, My Voice "; and the luncheon on refining in the global market place on December 2na at the Omni Bayfront. Carrie Robertson, 4401 Gulf Breeze, spoke regarding the use of hotel occupancy tax (HOT) funds to maintain the beach from Corpus Christi Beach to McGee Beach. Evy Coppola, 13845 Flintlock Drive, spoke regarding the fundraiser supported by the West Oso Independent School District; the Hispanic Women's Network of Texas; and the League of Women Voters for a Thanksgiving Dinner for the residents of Las Colonies Subdivision. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 23, Packery Channel, Phase 2 Parking and Overlooks. Director of Engineering Services Pete Anaya gave a brief presentation regarding the background of the project, scope of work, explanation of the bids received for this project, the project schedule, and the project cost. Shane Torno, consultant, was available to respond to questions. Mayor Adame called for comments from the audience. Johnny French, 4417 Carlton Street, spoke regarding the differences on the north and south sides of the Packery Channel. Mr. French spoke against the overlooks and asked how the City would pay for the repairs. Mr. French also spoke regarding ADA accessibility. The following topics pertaining to this item were discussed: the size of the walkway; the overlooks overlooking the wetlands and not the Channel; the City not using reserve maintenance funds; removal of the ramps pending approval from the Texas General Land Office (GLO) approval; ADA accessibility; whether the contractor has been used in the past and has beach experience; the project manager and construction inspector; the status of moving sand from the north end of the Padre Island Seawall; the unit price and total costs for the overlooks; the reason for seven (7) overlooks; the dredging projections; whether the City can legally use interest that has been accrued in the reserve fund; and lighting. City Secretary Chapa polled the Council for their votes as follows: 23.a. ORDINANCE NO. 028837 Ordinance approving the transfer of $3,320,106.64 from No. 1111 Reinvestment Zone No. 2 Fund to and appropriating in the No. 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2- Parking and Overlooks project and other projects relating to Packery Channel; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $881,106.64 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler, Elizondo, and Kieschnick were absent. 23.b. MOTION NO. 2010 -275 Motion authorizing the City Manager or his designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for Packery Channel, Phase 2 — Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2. -12- Minutes — Regular Council Meeting November 9, 2010 — Page 13 The foregoing motion was passed and approved with the following vote: Adame, Chesney, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler, Elizondo, and Kieschnickwere absent. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:45 p.m. on November 9, 2010. * * * * * * * * * * * ** PRESENT Mayor Pro Tem Mark Scott Council Members: Chris Adler Priscilla Leal* John Marez Nelda Martinez ABSENT Mayor Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick 'Arrived at 9:15 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting November 11, 2010 - 9:00 a.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Scott called the meeting to order in the Council Chambers of City Hall. Mayor Pro Tem Scott opened discussion on Item 1 regarding the canvassing of election results of the Special Election held on November 2, 2010 for the adoption of six (6) Charter Amendments. The Council canvassed the results of various precincts and declared the results official. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Scott called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the people that voted for the charter amendments. City Secretary Chapa polled the Council for their votes as follows: 1. ORDINANCE NO. 028838 Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2010, in the City of Corpus Christi to consider six (6) Charter Amendments. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Leal, Marez, and Martinez, voting "Aye "; Adame, Chesney, Elizondo, and Kieschnick were absent. There being no further business to come before the Council, Mayor Pro Tem Scott adjourned the Special Council meeting at 9:18 a.m. on November 11, 2010. * * * * * * * * * * * * * PRESENT Mayor Pro Tern Mark Scott Council Members: Chris Adler Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez ABSENT Mayor Joe Adame Larry Elizondo, Sr. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 16, 2010 - 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Scott called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Margaret Serna with Baha'i Faith and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Scott called for consideration of the consent agenda (Items 1 — 13.1). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2010-276 Motion authorizing the purchase of specialized equipment for a total amount of $331,575 from the 2009 State Homeland Security Program Grant (SHSP) and 2009 State Homeland Security Program — Law Enforcement Against Prohibition awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 2. MOTION NO. 2010-277 Motion approving the lease purchase of two (2) ambulances from Knapp Chevrolet, of Houston, Texas in the amount of $250,500. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease /financing program. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. —1 7— Minutes — Regular Council Meeting November 16, 2010 — Page 2 3.a. RESOLUTION NO. 028866 Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $445,114 with the Texas Department of Public Safety, Texas Homeland Security -- State Administrative Agency (TXHLS -SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or his designee to accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 3.b. ORDINANCE NO. 028839 Ordinance appropriating $445,114 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities such as planning, organization, training, exercises, and purchase needed equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 4.a. RESOLUTION NO. 028840 Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $166,124 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or his designee to accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez; and Martinez, voting "Aye "; Adame and Elizondo were absent. 4.b. ORDINANCE NO. 028841 Ordinance appropriating $166,124 from the Texas Department of Public Safety, Texas Homeland Security- State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No 1062 Fire Grants Fund to carry out Homeland Security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 5.a. RESOLUTION NO. 028842 Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all relate documents in the amount of $317,419 with the Minutes — Regular Council Meeting November 16, 2010 — Page 3 Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA) for FY 1020 Homeland Security Grant Program (HSGP) Metropolitan Medical Response System (MMRS); and authorizing the City Manager or his designee, to accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 5.b. ORDINANCE NO. 028843 Ordinance appropriating $317,419 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of Emergency Management, Health and Medical Systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 6.a. RESOLUTION NO. 028844 Resolution authorizing the City Manager or his designee to accept a three -month grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for October 1, 2010 — December 31, 2010, and to execute all related documents; and ratifying acceptance of the grant extension to begin as of October 1, 2010. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 6.b. ORDINANCE NO. 028845 Ordinance appropriating estimated revenues of $461,467 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund due to a three -month grant extension from October 1, 2010 — December 31, 2010, of the Women, Infants and Children Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 7.a. RESOLUTION NO. 028846 Resolution ratifying acceptance of the second portion of the 2009 Continuum of Care ( "COC ") grant from the U.S. Department of Housing and Urban Development and execution of the grant funding agreements under the 2009 COC grant terms as follows: (1) $309,536 for the Salvation Army, (2) $142,720 for Goodwill Industries, (3) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Charlie's Place, and (4) $122,673 for the Nueces County Mental Health and Mental Retardation Community Center, for homeless supportive program renewal projects and activities; authorizing the City Manager or his designee to implement the second portion of the COC grant and execute all necessary and related documents. -19- Minutes — Regular Council Meeting November 16, 2010 — Page 4 The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 7.b. ORDINANCE NO. 028847 Ordinance appropriating the second portion of the 2009 Continuum of Care grant from the U.S. Department of Housing and Urban Development in the amount of $717,498 in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewal projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 8. RESOLUTION NO. 028848 Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2011" Continuum of Care Homeless Assistance grant and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 9.a. RESOLUTION NO. 028849 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2010 -2011. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 9.b. ORDINANCE NO. 028850 Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 9.c. RESOLUTION NO. 028851 Resolution authorizing the City Manager or his designee to execute a five -year Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack Food Program. -20- Minutes — Regular Council Meeting November 16, 2010 — Page 5 The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 10. ORDINANCE NO. 028852 Ordinance appropriating $39,965.80 in developer contributions and $3,567.01 in interest earnings for a sum of $43,532.81 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 11.a. RESOLUTION NO. 028853 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $261,752 grant awarded by the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 11.b. ORDINANCE NO. 028854 Ordinance appropriating a $261,752 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 11.c. RESOLUTION NO. 028855 Resolution authorizing the City Manager or his designee to execute all documents necessary to contract with the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XIX Community Based Alternatives /Home Delivered Meals Program with reimbursement rate of $5.31 per unit for an estimated 10,000 meals. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 12.a. ORDINANCE NO. 028856 Ordinance appropriating $100,000 from SMG in the No. 4710 Visitors Facilities Fund for American Bank Center Capital Expenditures; changing the FY 2010 -2011 Operating Budget, adopted by Ordinance No. 028683, by increasing both proposed revenues and expenditures by $100,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. -21- Minutes — Regular Council Meeting November 16, 2010 — Page 6 12.b. ORDINANCE NO. 028857 Ordinance appropriating $331,351.53 from the Reserved Fund Balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvements expenditures; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, by increasing proposed expenditures by $331,351.53. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 12.c. ORDINANCE NO. 028858 Ordinance appropriating $412,500 from the Reserved Fund Balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing proposed expenditures by $412,500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 13.a. MOTION NO. 2010 -278 Motion to amend prior to second reading, the "Ordinance amending the Corpus Christi Zoning Ordinance by amending Section 27 -3.07 relating to dumpster screening; and by adding new section 27 -3.08 relating to dumpsters at new construction; providing for penalties; providing for publication; and providing effective dates," by adding definition of "street yard" at sub- section 27- 3.08.06. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 13.b. ORDINANCE NO. 028859 Amending the Corpus Christi Zoning Ordinance by amending Section 27 -3.07 relating to dumpster screening; and by adding new Section 27 -3.08 relating to dumpsters at new construction; providing for severance; providing for penalties; providing for publication; and providing effective dates. (First Reading - 11/09/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 13.1. MOTION NO. 2010 -279 Motion authorizing the City Manager to execute a Deferment Agreement with Alameda Plaza, L.L.C., (Developer), in the amount $105,612.19 for waterline improvements required for Lindale Park Subdivision Section 4, Block D, Lots 21 & 22, located west of South Alameda Street, between Glazebrook Street and Gordon Street, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of financial document compliant with City requirements. -22- Minutes — Regular Council Meeting November 16, 2010 — Page 7 The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained; Adame and Elizondo were absent. * * * * * * * * * * ** Mayor Pro Tem Scott referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0910 -01. Bury+Partners -SA, Inc.: A change of zoning from the "R-1B/SP" One - family Dwelling District with Special Permit and "R -1 B" One - family Dwelling District to the "B- 1" Neighborhood Business District resulting in a change of land use from a low density residential use to a commercial use. The property to be rezoned is Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F, and portions of Lots 3, 15, and 16, located south of Delano Drive between Robert Drive and Eldon Drive. Assistant City Manager Johnny Perales referred to a powerpoint presentation including an aerial view; photos of the subject property; the existing land use map; the future land use map; the ownership map; and site plan. Mr. Perales stated that the Planning Commission and staff recommended denial of the applicant's request and in lieu thereof, approval of the "R -1 BISP" One - family Residential District with a Special Permit in accordance with the attached Site Plan and subject to five (5) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Council Member Adler asked why the Planning Commission denied the "B -1" Neighborhood Business District zoning request. Mr. Perales stated that the Planning Commission denied the request based on the future land use plan for the area. Assistant City Attorney Deborah Brown provided an explanation of the amendments required for Section 2, Special Permit Conditions 1 and 5. Ms. Martinez made a motion to amend the ordinance as presented by staff. The motion was seconded by Mr. Kieschnick, The motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. In response to Mayor Pro Tem Scott, Mark Johnson with Bury +Partners -SA, Inc., provided an overview of the scope of work and explained that the site plan included a fire lane alongside the building to provide access to the back parking lot. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028860 Amending the Zoning Ordinance, upon application by Bury+partners, -SA, Inc., by changing the Zoning Map in reference to Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F and portions of Lots 3, 15, and 16, located south of Delano Drive between Robert Drive and Eldon Drive, from "R -1 BISP" One - family Dwelling District with Special Permit and "R-1B" One - family Dwelling District, to "R -1 BISP" One - family Dwelling District with Special Permit, resulting in a change of land use from a One - family Dwelling use, certain lots with Special Permit and others without, to a One- family Dwelling use with a Special Permit assigned to all —23— Minutes — Regular Council Meeting November 16, 2010 — Page 8 lots, subject to a Site Plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. * * * * * * * * * * * ** Mayor Pro Tem Scott announced the executive sessions, which were listed on the agenda as follows: 14. Executive Session under Texas Government Code Section 551.071 regarding the City of McAllen et al v. Time Warner Cable, Case No. 7:10 -cv -00393 in the U.S. District Court for the Southern District of Texas McAllen Division, regarding cable franchise provisions for Public, Education, and Government access channels, with possible discussion and action in open session. 14.1. Executive session under Texas Government Code Section 551.071 regarding In re the Complaint of Mercury Air Center— Corpus Christi, Inc. d.b.a. Atlantic Aviation, Complainant — against — City of Corpus Christi, Respondent, pursuant to Part 16 of the Federal Aviation Regulations. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 14. MOTION NO. 2010-280 Motion to authorize the City Manager to execute a Settlement Agreement with Time Warner Cable regarding digitalization of Public, Education and Government access channels. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 14.1. MOTION NO. 2010 -281 Motion to authorize the City Manager to execute an outside counsel agreement with the law firm of Kaplan Kirsch & Rockwell, LLP, up to a maximum of $95,000 for representation regarding a Park 16 complaint filed with the Federal Aviation Administration against the City of Corpus Christi by Mercury Air Center- Corpus Christi, Inc., doing business as Atlantic Aviation. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. * * * * * * * * * * *C ** Mayor Pro Tem Scott referred to Item 17 regarding the Convention and Visitors Bureau (CVB) Quarterly Report. President/CEO of the CVB Keith Arnold referred to a powerpoint presentation including leisure travel impact; nature tourism portal; guide certification program; nature tourism improvements; online content management and web presence; electronic newsletter; overview of communications; advertising and pro i4 tion; conventions impact; American Bank Center Minutes — Regular Council Meeting November 16, 2010 — Page 9 improvements; the Beach Party Giveaway package; the Austin Sales Office; the Community Events Fund (CEF); the MVP Program; the resources impact; the community impact area; the leisure marketing overview; and the economic impact and return on investment for fiscal year 2009 -2010. Butch Pool, Chairman of the CVB, spoke regarding the CVB's return on investment to the City. The following topics pertaining to this item were discussed: feedback on the effects of running advertisement in the Valley area; work with State Representative Todd Hunter to gain access to a portion of the State's HOT collection to utilized expansion of beach cleaning; cost saving measures performed; advertising in Austin; additional communications with Centerplate oh how to best service conventions with concessions; and additional communication with car rental providers. * * * * * * * * * * * * * Mayor Pro Tem Scott opened discussion on Item 18 regarding an amended consulting agreement with the Convention and Visitors Bureau (CVB). Assistant City Manager Oscar Martinez referred to a powerpoint presentation on the significant amendments to the contract including the extension of the contract term; the Special Marketing Fund of $500,000; increasing the CVB's share of the Hotel Occupancy Tax (HOT); the percentage increase in HOT from prior three year rolling average for CVB to be eligible for an incentive award; the CVB's share of the increase in HOT available for the incentive award; the City's right to renegotiate the HOT increase threshold; and the City's right to renegotiate the return on investment requirements associated with the use of the Special Marketing fund. Mayor Pro Tem Scott called for comments from the audience. Keith Arnold, CEO of the CVB, thanked Assistant City Manager Martinez for good faith negotiations and expressed appreciation for Council consideration. Foster Edwards, CEO of Chamber of Commerce, spoke in support of the contract. In response to Council Member Leal, Mr. Martinez stated that the contract terms ends on July 2015 instead of October 2015 to coincide with the end of the fiscal year. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2010-282 Motion authorizing the City Manager or his designee to enter into an amended consulting agreement between the City of Corpus Christi and the Corpus Christi Convention and Visitors Bureau for a period extending from November 1, 2010 to July 31, 2015. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. Mayor Pro Tem Scott opened discussion on Item 23 regarding the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation project. Director of Engineering Services Pete Anaya introduced Executive Director Pam Arredondo and Board Member Charlie Mater with Saltwater Fisheries Enhancement Program (SEA) who were present. Mr. Anaya referred to a powerpoint presentation including a background; project scope; schedule; the project budget; and project funding. The following topics pertaining to this item were discussed: the donation of services from Rock Engineering for construction testing; the status and permitting for the new parking lot; the timeline for the construction phase; and how long the permitting will take for Phase 2. -25- Minutes — Regular Council Meeting November 16, 2010 — Page 10 Mayor Pro Tem Scott called for comments from the audience. Dale Rankin encouraged the Council to expedite Phase 2 of the project for the parking lot improvements to allow for the continuation of the development of his project located in the area. Mr. Anaya stated that staff is incorporating Mr. Rankin's design in the City's layout for the parking lot. City Secretary Chapa polled the Council for their votes as follows: 23.a. RESOLUTION NO. 028863 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $925,290 from the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp renovations and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 23.b. ORDINANCE NO. 028864 Ordinance appropriating $425,290 from the Texas Parks and Wildlife Department's Boating Access Grant Program in the No. 1067 Park and Recreation Grants Fund for the construction of the Billing's Bait Stand and Clem's Boat Ramp Rehabilitation Project; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449 by increasing proposed expenditures and revenues by $425,290 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 23.c. MOTION NO. 2010 -285 Motion authorizing the City Manager or his designee to execute a construction contract with MB Western Industrial Contracting Company of Pasadena, Texas, in the amount of $1,013,720 for the Base Bid for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. * * * * * * * * * * * * * Mayor Pro Tem Scott referred to Item 16 regarding the Mayor's Veterans Memorial Task Force update. Director of Intergovernmental Relations Rudy Garza introduced Chair of the Mayor's Veterans Memorial Task Force, General Marc Cisneros. General Cisneros thanked the City Council for giving the veterans an opportunity to allow input in what veterans would like to see for Sherrill Park. General Cisneros introduced the members of the committee including Johnny Canales, Al Cantu, Lazaro Camarillo III, Dr. Henry Casillas, Ram Chavez, Johnny Cotton, Marie DeLeon, Tom Criser, David Sauceda, Ted Stephens, and Juan Zuniga. General Cisneros referred to a powerpoint presentation including the mission; work process and research; public input; the purpose statement; veterans memorial attributes; an example of a memorial arch; and requested Council action. Mr. Garza provided a brief overview of the request for the relocation of the World War II Memorial Plaque to Sherrill Park including the location map and the design concept. -26- Minutes — Regular Council Meeting November 16, 2010 — Page 11 The following topics pertaining to this item were discussed: consideration to include a history and background on Warren Joseph Sherrill in the concept; shading structures and benches; the educational components; and the inclusion of all the veterans' names in the proposed kiosks. Trey McCampbell, Destination Bayfront, spoke regarding the goals of Destination Bayfront to incorporate the concepts and ideas of the Mayor's Veterans Memorial Task Force into the final design concept that will be presented to Council on December 7th * * * * * * * * * * * * * Mayor Pro Tem Scott opened discussion on Item 19 regarding the City's State and Federal Legislative Program for 2011. Director of Intergovernmental Relations Rudy Garza introduced state legislative consultant Snapper Carr who was available to respond to questions. Mr. Garza referred to a powerpoint presentation including the legislative advocacy cooperative effort; the general policies; the priorities including the protection of water rights, transportation resources, air quality, economic development, sunset review, redistricting; the potential proactive measures; cleanup items; the federal legislative agenda; and the total federal, pass through, and state financial assistance. The following topics pertaining to this item were discussed: the strategy for fighting unfunded mandates; the potential that air quality will become a major unfunded mandate; the current price on the investment of the Garwood Water rights; the cap for sales tax applicable to boat sales; focus on graffiti; gambling; cruise industry efforts; and higher educational institution's needs in the area. Council Member Martinez asked staff to come back to the Council with an update on the legislative session. Counci! Member Scott requested that staff inform the community on the serious threat to the City's water supply in the legislature. There were no comments from the audience. City Secretary Chapa polled the Counci[ for their votes as follows: 19. RESOLUTION NO. 028861 Resolution adopting the City of Corpus Christi's State and Federal Legislative Program for 2011. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Marez, and Martinez, voting "Aye"; Adame, Elizondo, and Leal, were absent. * * * * * * * * * * * * * Mayor Pro Tem Scott called for petitions from the audience. There were no comments from the audience. * * * * * * * * * * * ** Mayor Pro Tem Scott opened discussion on Item 20 regarding the formation of a Street Maintenance Finance Ad Hoc Advisory Committee. Assistant City Manager Oscar Martinez explained that a motion was passed in August to direct staff to establish a five (5) member ad hoc committee to be appointed by the Mayor to look at options to put in place a permanent mechanism for street maintenance. Mr. Martinez provided a brief overview of the composition; duties; and staff support for the ad hoc committee. _27_ Minutes — Regular Council Meeting November 16, 2010 — Page 12 The following topics pertaining to this item were discussed: whether it was necessary to appoint a representative from the Chamber of Commerce; consideration to change the Chamber of Commerce representative to an additional at large member; the duties of the committee; how the committee will evaluate the amount of funding needed; changing the one (1) certified public accountant language to one (1) certified public accountant or financial industry representative; and whether the Mayoral appointments are subject to confirmation by the Council. Mr. Kieschnick made a motion to change the language in Section 2.B.a) to one certified public accountant or financial industry representative. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. Mr. Marez made a motion to eliminate the one (1) representative from the Chamber of Commerce and add an additional at large member. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. A brief discussion ensued regarding the date of the initial meeting of the Committee to occur no later than January 31, 2011. Mr. Marez made a motion to change the initial meeting that the Committee shall occur from January 31, 2011 to December 31, 2010. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028862 Resolution approving the formation of a Street Maintenance Finance Ad Hoc Advisory Committee to develop a street maintenance funding plan. The foregoing resolution was passed and approved as amended with the following voter Scott, Adler, Kieschnick, Marez, and Martinez, voting "Aye "; Adame, Elizondo, and Leal, were absent. Mayor Pro Tem Scott opened discussion on Item 21 regarding the lease purchase of curbside recycle containers from the City's automated recycling program. Assistant Director of Financial Services Mike Barrera explained that this item is for the lease purchase of the containers for the enhanced recycle program and the cost has been incorporated into the budget. Mr. Barrera provided a brief overview of the solicitation of proposal and the cost. Mr. Barrera added that because the City is purchasing the containers through the Houston Galveston Area Council of Governments (H -GAC), the City is receiving a $760,000 savings. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting November 16, 2010 — Page 13 21. MOTION NO. 2010 -283 Motion approving the lease purchase of 85,000 96- gallon curbside recycle containers and 2,000 64- gallon curbside recycle containers from Toter Incorporated, Statesville, North Carolina for the total amount of $4,056,850, of which $440,087.16 is required for FY 2010- 2011. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Adler were absent. Mayor Pro Tem Scott opened discussion on Item 22 regarding the Wooldridge Road Lift Station 24 -Inch Force Main Tie -In and Odor Control System. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; aerial of the project; project scope; schedule; and project budget. Director of Wastewater Foster and Donnie Rehmet, Coym, Rehmet and Gutierrez, were available to respond to questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2010 -284 Motion authorizing the City Manager or his designee to execute a construction contract with Gin -Spen, Inc., of Kennedale, Texas in the amount of $841,564 for the Base Bid for the Wooldridge Road Lift Station 24 -Inch Force Main Tie -In and Odor Control System. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Adler were absent. Mayor Pro Tem Scott opened discussion on Item 24 regarding a report of Trillion Aviation concerning the operation of the Corpus Christi International Airport. Director of Aviation Fred Segundo explained that the City issued 2000A and 2000B Airport Revenue Bonds to build the terminal roads and parking lot associated with the Airport and the conveyance required that the City maintain a net revenue of not less than 1.25 times the annual debt service requirement. Mr. Segundo added that when the requirement is not maintained, the bond covenant requires that the City hire a consultant.to provide recommendations on operating expenses and revenues and the impact of revenues available on debt service. Mr. Segundo provided a brief overview of the significant events that reduced the revenues at the Airport. Mr. Segundo introduced Dan Benson with Trillion Aviation and Airport Finance Manager Mario Tapia. Mr. Benson referred to a powerpoint presentation including a background; primary revenue sources at the airport; recommendations; reporting and financial monitoring; aggressively pursue non - airline revenue opportunities; manage expenses and benchmark to activity levels; and conclusions. Mr. Segundo provided information on the implementation and monitoring process. The following topics pertaining to this item were discussed: whether the cash coverage range will be at 135% for FY2009 -2010; implementation of FBO new business model as revenue; and monthly financial monitoring. Minutes — Regular Council Meeting November 16, 2010 — Page 14 Mayor Pro Tem Scott called for comments from the audience. A unidentified man asked questions regarding the executive session motion to retain counsel for a lawsuit against the City from the Fixed Base Operators (FBO). City Attorney Valdez explained that there is a complaint pending and filed with the Federal Aviation Administration by one of the City's FBO and the City has hired expert representation on this issue. Abel Alonzo, 1701 Thames, acknowledged the efforts of Mr. Segundo and Airport staff for their management of the airport and stated that the Airport is run at no costs to taxpayers. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 028865 Resolution of the City of Corpus Christi, Texas accepting the report of Trillion Aviation concerning the operations of the City's Airport; authorizing the City Secretary to accept and file such report; authorizing matters incident and related thereto; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Adler were absent. Mayor. Pro Tem Scott opened discussion on Items 25, 26, and 27 regarding the Fixed Base Operation (FBO) at the Corpus Christi International Airport. Mr. Scott advised the public that staff is recommending tabling this item until November 30th. Mayor Pro Tem Scott re- opened public comment from the audience. Earl Kessler read a letter from Penny Snow, Secretary for Al Dodds Aviation, which expressed concerns with the turnover of management of the FBO and urged the Council not to support this proposal. Mr. Kessler also spoke in opposition to operations being taken over by the City. David Holzschuh, aircraft mechanic at the Airport, stated that the City should not try to run operations at the Airport and compete with private sector companies. Mr. Holzschuh asked the Council to make the right decision. Don Fisher, corporate flyer with Atlantic Aviation, spoke in opposition to the changes considered for operations at the Airport. Ms. Martinez made a motion to table Items 25, 26, and 27 to November 30, 2010. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: - The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Adame and Elizondo were absent. 25.a. TABLED TO NOVEMBER 30. 2010 revenues to be received from the West Fixed Base Operation (FBO) at Corpus Chris International Airport for expenditures necessary to operate tho facility; changing the FY appropriations by $1,130,021 each. 25.b. TABLED TO NOVEMBER 30. 2010 Motion authorizing the City Manager, or his designee, to execute a five (5) year aviatienot Corpus Christi International Airport West FBO. -30- Minutes — Regular Council Meeting November 16, 2010 — Page 15 26. TABLED TO NOVEMBER 30. 2010 27. TABLED TO NOVEMBER 30. 2010 * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Pro Tem Scott adjourned the Council meeting at 5:13 p.m. on November 16, 2010. * * * * * * * * * * * * * PRESENT Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick* Priscilla Leal John Marez Nelda Martinez *Arrived at 10:03 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting November 30, 2010 - 10:00 a.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Adame and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. follows: * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as 1. Executive Session under Texas Government Code 551.074 Personnel Matters to deliberate the appointment of a City Council Member with possible discussion and action in open session. 2. Executive session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250 District Court, Travis County, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken on Item 2 in open session. Mayor Adame opened discussion on Item 1 regarding the appointment of a City Council Member. Mr. Elizondo made a motion to appoint Linda Strong as Council Member At Large to serve the remaining council term vacated by Brent Chesney. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2010 -286 Motion appointing Linda Strong as Council Member At Large to serve the remaining council term vacated by Brent Chesney. —33— Minutes — Special Council Meeting November 30, 2010 — Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * Mayor Adame opened discussion on Items 3 — 5 regarding the West Fixed Base Operations (FBO) at the Corpus Christi International Airport. Director of Aviation Fred Segundo introduced the presentation team including Wesley Earl with The Hiller Group; John Mullen and Michael Cox with Express Airport Services (EAS); John Decostro with Trillion Aviation; and Assistant Director of Aviation Enrique Castillo. Mr. Segundo also introduced the Airport Board members present including Jay Wise, Rosie Collin, and Bill McCord. Mr. Segundo reported that Mr. McCord assisted with the Request for Qualification (RFQ) process; the selection committee; and negotiated agreements with EAS. Mr. McCord, on behalf of the Airport Board, stated that the Board is unanimously in favor of the new management objectives and encouraged the Council to approve the items presented. Mr. Segundo explained that the FBO provides services to general aviation, airlines, charters, and cargo operations outlined in the Airport Minimum Standards for Commercial Aeronautical Services Providers. Mr. Castillo provided a brief overview including the background of the process and Federal Aviation Administration (FAA) grant assurances. Mr. Segundo highlighted the business terms associated with the three items. Mr. Cox, EAS, responded to questions regarding EAS management services in Appleton, Wisconsin; benefits to operations that are not part of the previous model; and the history of business and liability. Mr. Earl, The Hiller Group, referred to a powerpoint presentation on the fuel supply program including a background on the Alliance Program; FBO benefits; the competitive landscape; marketing of the FBO and the network; and pricing examples. The following topics pertaining to this item were discussed: whether the RFQ was for management only or total inclusive of operations; the number of responses to the RFQ; whether Atlantic Aviation indicated the reason they chose not to respond to the RFQ; the unsuccessful short term lease negotiations with Atlantic Aviation; the difference between the current services performed by Atlantic Aviation and the new management business model; the City assuming responsibility of maintaining the building under the new agreement; concern with the City creating exclusivity and staffing City employees; the contract with Signature Flight Support and East FBO objectives; a competitive environment with no exclusive fuel provider at the Airport; the future contractual form for East FBO operations; the benefits of the new business model including lower fuel cost for users, funds reinvested into the facility, and the ability to negotiate discount carriers; the number of airports operating under this same management model; how the business model achieves upgrading the facilities and whether there is an alternative; performa projections; the current income from the FBO; other airports that have combinations of a managed facility and a standard FBO in the same facility; the opposition from current users to change the business model and concern with losing current users to surrounding airports; the number of FBOs in the fuel provider network; liability issues; and whether the Airport Board had outreach with the airport carriers. Mayor Adame called for comments from the audience. Penny Snow, Al Dodds Aviation, asked questions regarding the City setting fuel prices and EAS's experience on FBO management operations. Debbie Lindsey -Opel, 700 Everhart, provided background on Atlantic Aviation operations and asked the Council to extend the agreement with Atlantic Aviation. Bob Parker, President of RepCon Incorporated, spoke regarding the concern and unanimous opposition of operators at the Airport to the new business model and recommended extending the agreement with -34- Minutes — Special Council Meeting November 30, 2010 — Page 3 Atlantic Aviation until the contract with Signature Flight Support expires and review the total operations. Tim Fisher, private pilot, stated he was told that if he was not happy with the fuel services, he could move his operations. Mr. Fisher added that if the Council supports this proposal, he will move his operations. Council Member Scott stated that if those comments were made, he apologies and hopes that the City will not lose his business. In response to Council Member Scott, Mr. Fisher stated that he will keep his business at the Airport if Council extends the lease with Atlantic and is comfortable with their operations. Daniel Allen, 335 Naples Street, stated that Atlantic Aviation did not respond to the RFQ because Atlantic does not provide the management services business model. David Holzschuh, airport mechanic, stated that Atlantic has not received an opportunity to brief the Council and spoke in opposition to the changes at the Airport. Tomas Torres, Jr., General Manager for Atlantic Aviation stated that Atlantic understands what the City needs and wants to work with the City. Mr. Torres added that Atlantic wants to make a commitment to improve the facility and increase revenue sales at the Airport. Mr. Torres added that Atlantic wants to be at the Airport and wants to stay at the Airport. Council Member Adler stated that she has reviewed all of the information and is not convinced with the justification for the change. Ms. Adler added that she supports working with the current customers and not making a change at this time. Council Member Scott stated that he feels that the RFQ process was fair and open and understands the reason that Atlantic chose not to bid. Mr. Scott also commented that he sees the opportunity to create a new model that can reduce the costs to users and create a better facility but is also concerned that the users do not uniformly support the model. Mr. Scott asked representatives from Atlantic to explain how they would be able to help the City achieve the goals to improve facilities; lower fuel costs, and attract additional business. Michael Simmant, Regional Manager for Atlantic Aviation, stated that Atlantic is willing to look at a reasonable rate increase on rent and invest in the facility with a long term lease to amortize the investment. Mr. Simmant also stated that Atlantic would look at options for lower fuel costs and recruit discount carriers. Council Member Leal asked questions to Atlantic Aviation including the number of surrounding airports Atlantic does business with locally. Mr. Simmant stated that Atlantic does not do business with local airports but listed the surrounding cities it does business with in the region. In response to Ms. Leal, Mr. Segundo stated that the total revenue received from Atlantic is approximately $80,000 to $95,000 per year and the total maintenance costs for the facility is approximately $550,000 to keep certification with the FAA. Mayor Adame spoke regarding the cost of maintenance per year that Atlantic Aviation is paying in addition to their rental costs. Council Member Kieschnick stated that he was uncomfortable with supporting the change to the business model right now and supports extending the contract with Atlantic and considering the Signature and Atlantic contracts simultaneously. Don Feferman, Airport Board, stated that the users have not expressed their reason as to why they do not support the changes. Mr. Feferman added that the lease with Atlantic will expire and the lease will have to go up for bid and there is no guarantee that Atlantic will be awarded the lease. In response to Council Member Scott, Mr. Segundo stated that the contract with Atlantic Aviation may have a holdover clause but would need to discuss with Atlantic the ability to extend the contract month -to- month. —35— Minutes — Special Council Meeting November 30, 2010 — Page 4 Council Member Scott asked whether staff had developed a "Plan B ". Mr. Segundo stated that staff did not develop a detailed "Plan B" because staff believes in this new model. Mr. Segundo stated that moving forward staff will take into consideration that this plan has to be a fair and open process. Council Member Martinez spoke in support of the new business model. Council Member Elizondo stated that the concerns of the users need to be addressed and would not support the items today. Mayor Adame expressed concern for the liability of the City and the cost to operate and maintain the facility. Mr. Adame added that the City needs to look at alternative ways to encourage people to invest long term in the community. City Secretary Chapa polled the Council for their votes as follows: 3.a. FAILED Ordinance appropriating $1,130,021 in the No. '1610 Aviation Fund from anticipated appropriations by $1,130,021 each. An emergency was declared, and the foregoing ordinance failed with the following vote: Martinez voting "Aye "; Adame, Adler, Elizondo, Kieschnick, Leal, and Scott, voting "No "; Marez was absent. 3.b. FAILED Motion authorizing the City Manager, or his designee, to execute a five (5) year aviation fuel The foregoing motion failed with the following vote: Martinez voting "Aye "; Adame, Adler, Elizondo, Kieschnick, Leal, and Scott, voting "No "; Marez was absent. 4. FAILED purchase agreement with Fortbrand Services, Inc. forAviation ground support equipment to The foregoing motion failed with the following vote: Martinez voting "Aye "; Adame, Adler, Elizondo, Kieschnick, Leal, and Scott, voting "No "; Marez was absent. 5. FAILED Operator Management Services agreement with one three year option -with ess Airport ee - .. w The foregoing motion failed with the following vote: Martinez voting "Aye "; Adame, Adler, Elizondo, Kieschnick, Leal, and Scott, voting "No "; Marez was absent. -36- Minutes — Special Council Meeting November 30, 2010 — Page 5 Mayor Adame called for petitions from the audience. John Jackson, 1800 SPID, Lot 302, encouraged the Council and the public to donate new or gently unused toys to the children of the Colonias to the Alliance Ministries Christmas Toy Drive. John Gonsalves, 1514 Oak Habor, spoke regarding the trespassing of workers making improvements on private property without notifying the owner of the property. Abe! Alonzo, 1701 Thames, thanked Council Member Elizondo, Police Chief Troy Riggs and Rudy Trevino who joined with him on La Voz radio to give thanks to the community that assisted in helping 21 families for Thanksgiving with $100 HEB certificates. Mr. Alonzo also spoke in support of elected officials. Robert Pate, 241 Bayside, spoke regarding the vision of the Airport and FBO operations. Mr. Pate added that in order to get the ultimate investment and have an impact, the City should put out an RFQ to all FBOs carriers that can put in capital investment and make it a first class facility. Mr. Pate also recommended having the contracts with Atlantic and Signature run conterminously and then issue an RFQ for the FBO for the entire operation. * * * * * * * * * * * * * Mayor Adame encouraged the public to attend the Las Lucas and Harbor Lights celebrations. There being no further business to come before the Council, Mayor Adame adjourned the Special Council meeting at 3:16 p.m. on November 30, 2010. * * * * * * * * * * * * * FOOD SERVICE ADVISORY COMMITTEE — One (1) vacancy with term to 6 -24- 11 representing the following category: community at large. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19 -84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three -year term. ORIGINAL MEMBERS TERM APPTD. DATE Joshua Hinojosa (Food Industry) 6 -24 -11 2 -12 -08 Lisa Pollakis (Food Industry), Chair 6 -24 -12 6 -30 -09 Jack Baker (Food Industry) 6 -24 -12 6 -30 -09 Dr. Nina Sisley (Community at Large) 6 -24 -11 6 -14 -05 ****Isabel Aguilar (Community at Large) 6 -24 -11 6 -30 -09 Gabriel G. Hernandez (Food Industry) 6 -24 -13 6 -19 -07 Anthony Hernandez (Community at Large) 6 -24 -13 4 -13 -10 OTHER INDIVIDUALS EXPRESSING INTEREST Robert Boyle Sylvia R. Cantu Retired Sales/Manager/Training, Sysco Foods. Received BBA from Stephen F. Austin. Activities include: Boy Scouts of America Troop 2 and Bayfest. (6- 12 -09) Owner, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (Food Industry) (5- 28 -09) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation -41- Ralph Chavez Austin Harbin Danny Kollaja Edward Kownslar Carlos R. Moreno Eulalia Puentes Ted Schroeder Bakery Supervisor, Corpus Christi Independent School District. Attended Del Mar College. Activities include: Carroll Tiger Band, Musician, Golfer and Outdoorsman. (Food Industry) (4- 15 -10) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3- 22 -10) Self - Employed, Lanky the Clown and Administrator, St. Philip the Apostle Catholic Church. Received a Bachelors Degree from Corpus Christi State University. Activities include: Big Brothers/Big Sisters, American Red Cross, American Heart Association, Corpus Christi State School, Clowns of America International, Inc. and Driscoll Children's Hospital. Recipient of Volunteer of the Year, 1985. (4- 22 -10) Associate Director, Mary and Jeff Bell Library, Texas A &M University- Corpus Christi. Received Bachelor's Degree from University of Kansas, Master's Degree from University of North Texas, and Master's Degree from Texas A &M University- Corpus Christi. Activities include: Board of Directors- Family Counseling Services of Corpus Christi, Texas Library Association and American Library Association. (10 -9 -08) Food Service Manager, Stripes #2120. Activities include: LULAC Council #1. Recipient of LULAC Man of the Year. (Food Industry) (2- 24 -09) Attended College. Formerly Served as Commissioner of Housing Authority. Activities include: Elections. (2 -9 -10) Owner /Administrator /Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (Food Industry) (4- 23 -09) Doan Shockley Director of Restaurant Services, Stripes. Received BS from the University of Houston and A.O.S from The Culinary Institute of America -Hyde Park. Former Instructor at Conrad N. Hilton College at University of Houston. (Food Industry) (6 -8 -09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8-10-09) MARINA ADVISORY COMMI'I"I'EE — Four (4) vacancies with terms to 12 -18 -12 representing the following categories: 1 — scientist, i.e. marine biologist, 1- representative of a restaurant located within the boundaries of the marina, and 2 — regular members. DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a representative of a restaurant located within the boundaries of the marina. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. MEMBERS *Robert Vega (Scientist) Dan Leyendecker (Engineer) John Adams (Environmentalist) * *Nils Stolzlechner (Restaurant) Robert Cagle *Hal Suter Marie Adams *Roy Pell, Chair Rakesh Patel TERM 12 -18 -10 12 -18 -11 12 -18 -11 12 -18 -10 12 -18 -11 12 -18 -10 12 -18 -11 12 -18 -10 12 -18 -11 ORIGINAL APPTD. DATE 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME 11118 TERM Robert Vega (Scientist) 5 Hal Suter 5 Roy Pell 5 NO. PRESENT 4 5 4 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation % OF ATTENDANCE LAST TERM YEAR 80% 100% 80% OTHER INDIVIDUALS EXPRESSING INTEREST Captain Ron Behnke Richard Bell Curt L. Broomfield Self - Employed, Editor of Saltwater Angler Magazine. Attended Del Mar College. Activities include: Texas Outdoor Writers Association, CCA, SEA, and Licensed United States Coast Guard Captain (Charter Captain). (Citizen) (4- 20 -09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (Citizen) (10- 12-09) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (Citizen) (9 -8 -09) Cristi J. Caviness Tax Accountant, Rooke Scanio Interests, Ltd. Received B.S.A. from University of the Incarnate Word, San Antonio, Texas. (Citizen) (5- 13 -09) David M. Coover, Jr. Self Employed, Attorney. Received BA from St. Mary's University and JD from South Texas College of Law. (Citizen) (4- 16 -09) Timothy Scott Craig Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (Citizen) (12 -7 -09) Sharon Emerson Jay Gardner Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: Bayfest, Cattle Baron's, Tall Ships Committee, Harbor Lights, Buc Days, Mayor's Fourth of July Celebration. President of the Corpus Christi International Seamen's Center. Jefferson Awards Nominee 2002. (Citizen) (12 -8 -09) Environmental Scientist, Naismith Engineering, Inc. Received Bachelor of Science from Texas A &M- Corpus Christi. Previously a Teaching Assistant at Texas A &M- Corpus Christi. Activities include: Executive Board Member of the Coastal Conservation Association (CCA)- Corpus Christi Chapter and Nueces County Beach Management Committee. (Scientist or Citizen) (4- 17 -09) Issac Gonzales Customer Service Representative, Signature Flight Support. Attending Del Mar College. (Citizen) (5- 11 -10) Daniel Grimsbo Utility Energy Manager Supervisor, Department of the Navy. Received Bachelor of Science of Civil Engineering from The Citadel, Master of Science Business Organizational Management from University of La Verne and master of Urban Planning from University of Illinois. Licensed Professional Engineer and Certified Planner. Activities include: Society of American Military Engineers, Habitat for Humanity, Red Cross Bash, Food Bank and Air Shows. (Citizen) (3- 10 -10) Ed Labay Edward Frank Lewis Jerry Lipstreu Anthony John Mulheron Mohamad Omar Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University - College Station. (Citizen) (4- 16 -09) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (Citizen) (4- 20 -09) Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member and Port Aransas Boatmen Member. (Citizen) (4- 30 -09) Aircraft Production Lead, AECOM. Attending Del Mar College. Activities include: Wounded Warrior Project Soldier, Independence Masonic Lodge 1337 and HEART — Hero's Assistance Program. Recipient of Army Achievement Civilian Award. (Citizen) (12 -7-09) Self - Employed, Real Estate. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (Citizen) (10 -6 -09) Monte Reitz James Russell Woodrow Mac Sanders Lyndon Smiling Andrew G. Smith Jennifer Taylor Arthur J. Valdez Executive Captain, Harrison's Landing, Yachting Center of Corpus Christi, and Tavern on the Bay. United State's Coast Guard Master Captain — United States Coast Guard Search and Rescue. Activities include: Director of Outdoor Recreation Department of the Navy. (Restaurant or Citizen) (11- 10 -10) Retired, United States Air Force and City of Corpus Christi - Engineering and MIS Departments. Attended College and Military Electronics School. Activities include: Boating and International Municipal Signal Association. (Citizen) (5- 14 -10) Retired - Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (Citizen) (4 -4 -09) Project Manager, Derco Aerospace. Retired United States Navy. Received BS in Technical Management from Embry - Riddle Aeronautical University. Currently enrolled in Master of Science Program. (Citizen) (11- 18 -10) Business Consultant, Education Service Center Region 2. Received BBA in Accounting from University of Texas at Austin and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Texas Association of School Business Officials, Church and Sailing. (Citizen) (2 -5 -10) IT Recruiter, Integrity Workforce Solution. Received Associates Degree- Paralegal. (Citizen) (8- 10 -09) SAH Agent /Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (Citizen) (1- 20 -10) Larry L. White Process Engineer, DuPont. Received BS and MS in Chemical Engineering from Louisiana Tech and MS in Environmental Engineering from Memphis State. Activities include: American Institute of Chemical Engineers, Corpus Christi Bucarader, and Water's Edge Pipe and Drum Band. ( Citizen) (6 -5 -09) PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY. TX — One (1) vacancy with term to 1 -1 -14. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioners Court and one (1) San Patricia County for staggered terms. Each person who is appointed or elected commissioner shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at Least six months to be eligible for appointment to the port commission. ORIGINAL MEMBERS TERM APPTD. DATE Robert Kostelnik (City) 1 -01 -13 12 -08 -09 Francis 1. Gandy, Jr. (City) 1 -01 -12 12 -09 -08 Richard M. Borchard (County), Vice -Chair 1 -01 -12 12.17 -08 Robert J. Gonzalez, Sr. (County) 1 -01 -12 01 -11 -00 Kenneth Berry (County) 1 -01 -11 11 -23 -04 *Mike Carrell (City), Chair 1 -01 -11 08 -28 -01 Judy Hawley (San Patricio) 1 -01 -12 01 -01 -04 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mike Carrell (City) 15 15 100% INDIVIDUALS EXPRESSING INTEREST Vicky Jean Alexander Retired Nursing House Supervisor, Driscoll Children's Hospital. Received Bachelor of Science from University of Texas Health Science Center, San Antonio, Texas. Activities include: Citizens in Support of the Corpus Christi Police Department and Corpus Christi Police Departments Reorganizational Team. Formerly served on Crime Control and Prevention District, Commission for Children and Youth and Flint Hills Resources Community Action Council. Currently Serves on the Civil Service Board. (6- 3 -10)) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Norman Baker Richard Bell Shawn P. Bodine Curt L. Broomfield Rodney Buckwalter James Chrobocinski Owner, Estoy Pronto, Inc. Received B.S from Eastern Illinois University. Activities include: Central Illinois Bank Board Member, Marine Bank Board Member, Plastic Container Corporation Board Member, and Padre Island Business Association. (5 -8 -09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (10- 12 -09) Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University - Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (2 -9 -10) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (9 -8 -09) Director, Vendor Management, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Currently Pursuing PhD. Activities include: Del Mar College Business Development Advisory Committee and Texas A &M University - Corpus Christi Alumni Association. (6 -5- 09) Manager of Oncology Department, Christus Spohn Memorial and Realtor, RE/MAX Padre Island. Registered Nurse. Attended Del Mar College and Park University - Healthcare. Recipient of Beautify Corpus Christi - Volunteer of the Year. Activities include: President - Beautify Corpus Christi Association, Flint Hills Resources Community Action Council, College Tech Prep Board of Directors, and Island Foundation School Board Member. Currently Serves on the Advisory Committee for Community Pride. (11 -9 -09) Ralph Coker Retired. Formerly Vice President and General Manager of Coastal Corporation. Received Bachelor of Industrial Engineering. Served in the Military Reserve. Activities include: Corpus Christi Chamber of Commerce — Co -Chair of Infrastructure Group and Ex Officio Member, Mediator with Nueces County Dispute Resolution Center and Coastal Bend Business Innovation Center Advisory Committee. Past District Director and Past Chair of Local Chapter of SCORE. Recipient of Corpus Christi Chamber of Commerce Chairman's Award and 2006 SCORE Counselor of the Year. (11 -9 -09) Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (5- 12 -09) Stephanie Dovalina Adjunct Faculty, Del Mar College. Received a A.S. in Biology from Del Mar College and a B.S. in Biology from Texas A &M University - Corpus Christi. Currently Pursuing a Masters Degree in Biology. Recipient of Honorable Mention -2009 National Science Foundation Graduate Research Fellowship Program, Golden key International Society Inductee and Phi Theta Kappa Inaugural Inductee. (9- 22 -10) Vincent E. Doyle Victor Frazier Roland Gaona Mike Garey Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in Serving Community. (4-17-09) Student Supervisor, Texas A &M University - Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister - Church of Christ. (4- 16 -09) Commercial Realtor, Self - Employed/The Clower Company. Attended College. Activities include: LULAC. (5- 27 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University- Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Mary Jane Garza Rolando Garza Coretta Graham, Esq. Paul Grivich Eduardo Hinojosa James Hoenscheidt Assistant Superintendent, West Oso Independent School District. Doctorate in Education and Masters in Counseling and Psychology. Activities include: Bishop's Guild, Symphony Guild, Red Cross Board, Art Museum Trustee, Del Mar Foundation Board, and Texas A &M President's Council. Serves on the Citizens Advisory Health Board and the Library Board. (6- 17 -09) Political Labor Consultant. Attended Del Mar College. Advocate for Under Privileged, Civil Rights, Disabled Citizens and Americans with Disabilities Act Compliance. Refining Industry Work Experience. Regional Transportation Employee Representative. (10- 10-10) Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. Currently Serves on the CCCIC/Loan Review Committee. (11- 30 -10) Owner, Grivich Minerals & Mining Corporation. Received Bachelor of Science Degree from Sam Houston State University. Serves on the Nueces County Civil Service Commission. Formerly served as Vice -Chair of the Nueces County Appraisal District Board of Directors. Former Director of Hispanic Chamber Commerce and City of Corpus Christi Zoning Commission. (4- 14 -09) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School and the South Texas Property Rights Board. Received the "Rancher of the Year" Award. (4- 13 -09) Broker Associate, Joe Adame & Associates, Inc. Attended College. Special Award for Value Improvement Program. (5- 28 -09) Gail Hoffi Ian William Paul Hunt Alfred B. (Al) Jones Rose Mary Knippa Ed Labay Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16 -08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Chairman and CEO, American Bank. Received a Degree in Finance from the University of Texas at Austin. Activities include: Federal Reserve Bank of Dallas -San Antonio Bank CEO Advisory Council, Texas A &M University - Corpus Christi Foundation, Christus Spohn Health System, Governor's Business Council, Spohn Investment Corporation and Independent Bankers Association of Texas. Recipient of Outstanding Leadership Award - Leadership Corpus Christi, Henry B. Baldwin Leadership Award and Russell Kirkland Distinguished Visitor Award. (6- 12 -09) Owner, Valdez Fleet Sales. Attended Del Mar College and Business College. Formerly Served on Nueces County Appraisal Review Board. (4- 13 -09) Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University - College Station. (4- 16 -09) Sally Ana Lewis Reynaldo A. Madrigal Rudy Martinez Ronald J. Moore Anthony John Mulheron Joel S. Mumphord Educational Technology Consultant, Pearson. Received an Associates Degree in Psychology from Del Mar College. Received a Bachelor's Degree in Psycholgoy/Education from Corpus Christi State University. Activities include: Texas Staff Developers Association, Texas Middle School Reform, and National Staff Development and Training. Recipient of Teacher of the Year at Montclair Elementary, Cunningham Middle School and Baker Middle School. Currently Serves on the Commission on Children and Youth. (2- 22 -10) Self- Employed. Received Associate Degree in Applied Science from Del Mar College and Bachelor of Science from Texas A &M University — Corpus Christi. Activities include: American G.I. Forum. (6- 24 -09) Community Relations Director, Nurses on Wheels, Inc. Activities include: American Cancer Society, Downtown Relay for Life 2011, ACSS Texas Region, Heart Walk, and Dancing through Downtown Diabetes Walk. (9- 13 -10) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (10 -6 -09) Aircraft Production Lead, AECOM. Attended Aviation and Electronic School of America at Yuma, Arizona. Attending Del Mar College. Activities include: Wounded Warrior Project Soldier, Independence Masonic Lodge 1337 and HEART, Hero's Assistance Program. (12 -7 -09) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Adam Nuse Richard Pulido Vice President, Corpus Christi Hooks Baseball Club. Received Business/Marketing Degree from University of Oklahoma and Masters Degree in Sports Management from Wichita State University. Activities include: USO of South Texas and American Red Cross. Graduate of Leadership Corpus Christi Class 37. Currently Serves on the Airport Board. (8 -4 -09) Senior Program Manager for IM/IT, SMARTnet, Inc. Formerly Regional Superintendent /Joint Program Director, United States Navy Space and Warfare Command. Received BS, Business Management from Park University and MS Management Graduate Degree at Embry - Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Chairman — Master Plan Committee at Real Life Fellowship. (11- 20 -09) Elizabeth Chu Richter CEO, Richter Architects. Received Bachelor of Architecture from University of Texas at Austin. Activities include: Christus Spohn Health System Board Member, Member of Federal Reserve Bank of Dallas - San Antonio Branch, Texas Society of Architects, The Shape of Texas Radio Program and Corpus Christi Regional Economic Development Corporation Board Member. (4- 15 -09) Randal Salazar Woodrow Mac Sanders Owner, Custom Design Construction G.C., L.L.P. Received BS in Liberal Arts from Texas A &I University at Kingsville,Texas, and Texas Technical Harlingen Associated Building Construction . OSHUA Certified in Industrial Safety. Activities include: Volunteer for CASA. Currently Serves on the Building Standards Board. (1- 22 -10) Retired - Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4 -4 -09) -55- Lyndon Smiling Project Manager, Derco Aerospace. Received BS m Technical Management from Embry - Riddle Aeronautical University. (12 -7 -09) Claude R. Smith Retired, United States Army. (7- 24 -09) Jodi Steen Gloria Sykes - Saucedo Sam Watson President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. Currently serves on CCCIC /Loan Review Committee. (4- 16 -09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. Currently Serves on the Sister City Committee. (1- 14 -10) Agent, State Farm Insurance. Received a B.A. in Psychology. Member of the National Association of Insurance and Financial Advisors. (4- 24 -09) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/07/2010 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of one (1) commercial slope mower from Kut Kwick Corporation, Brunswick, Georgia in the amount of $51,217 based on sole source. The slope mower will be used by the Water Department at the Wesley Seale Dam. Funding is budgeted and available in the Maintenance Services Fund for FY 10/11. ISSUE: The Water Department maintains the grounds at the Wesley Seale Dam which requires the use of a commercial slope mower to mow the embankments. The useful life of the existing slope mower has been exhausted. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michae -Barrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Attachments BACKGROUND INFORMATION The commercial slope mower will be used by the Water Department to mow approximately 150,250 square feet of steep embankments at the Wesley Seale Dam. The embankments are inspected on a monthly basis for sink holes, wet areas, and for signs of rodent and ant infestation, which can compromise the dam. This unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. Award Basis: The slope mower is patent protected, United States Patents, 4,515,337 and 4,515,392. Section (7)(A) of Chapter 252.002 of the Texas Local Government Code provides for an exemption from competitive bidding statutes where items are available from only one source because of patents. Kut Kwick Corporation's SuperSlopeMaster has a one -of -a -kind tilting seat with retaining arm which tilts 30 degrees and a tip -up stop which prevents the machine from tipping over backwards. Although the mower is driven onto the slope of the dam, the operator maintains an upright position, which provides for a safer and more comfortable operating environment. Price Comparison The mower being replaced is ten years old. The purchase price in 2000 was $35,516.12. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 7, 2010 PRICE SHEET: BI- 0051 -11 SLOPE MOWER Kut Kwick Corporation Brunswick, GA Description Qty. Unit Total Price Super Slope Master TM, 2010 model, commercial slope mower, Model SSM38 -72D, 72" width, ROPS Canopy, light kit, rotary beacon. 1 each $51,217.00 TOTAL: $51,217.00 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/07/2010 AGENDA ITEM: RECOMMENDATION: Motion approving the lease purchase of one (1) rescue pumper from Siddons Fire Apparatus, Inc., Manor, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $399,998.63. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the city's lease /financing program. ISSUE: The rescue pumper is required to maintain the existing level of emergency response services within the community. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mic 'e1 Barrera Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Attachments BACKGROUND INFORMATION The Pierce rescue pumper will be used by the Fire Rescue Division of the Fire Department for emergency medical response services. This unit is a replacement to the fleet. Currently, the City operates twenty -eight fire fighting units in the fleet with twenty -two operating as front line units and six units placed in reserve status. The existing rescue pumper will replace one of the front line units which will likely be placed in reserve status. The existing reserve unit will be taken out of service and sold at public auction or transferred to another public agency. Award Basis The Pierce rescue pumper will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statues regarding competitive bidding requirements. Siddons Fire Apparatus, Inc., Manor, Texas will be the delivering and service dealer for the rescue pumper. • Lease Purchase of Rescue Pumper The Pierce rescue pumper will be funded for a sixty -month period with an estimated interest rate of 3.25 %. The annual interest rate will be determined after the acceptance of the rescue pumper. The estimated annual payment for the Fire Department is $86,783.76. Total estimated cost over the sixty -month period, including principal of $399,998.63 and interest of $33,920.17, is $433,918.80. Price Comparison When compared to pricing of comparable items, pricing has remained stable. Funding The amount of funds budgeted for fiscal year 2010/2011, $7,231.98, represents one month of lease payments. Pending Council approval of the award, the rescue pumper will be delivered June 2011. Thus, one month of payment will be made during this fiscal year. Funds will be requested by the using department for FY 2011 -2012 and all subsequent budget years. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 7, 2010 PRICE SHEET: BI- 0052 -11 PIERCE RESCUE PUMPER Siddons Fire Apparatus, Inc. Manor, TX Item Description Qty. Unit Total Price 1 Pierce ®417 Xroof Custom Contender Pumper, Medium, Alum Waterous1500 gpm, Top - Control, 500 gal poly, Husky 12, with OEM Loose Equipment 1 each $ 399,998.63 TOTAL: $392,998.63 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/07/2010 AGENDA ITEM: RECOMMENDATION: Motion approving a depository services agreement with The Frost National Bank of San Antonio, Texas, for the provision of depository services for the City's funds, in accordance with Request for Applications BI- 0210 -10, for a period of three years, to renew automatically for up to two additional one -year periods, unless terminated by provision of 90 days' prior notice, for an estimated three -year expenditure of $458,749.44 of which $43,007.76 is required for the remainder of FY 10/11. Funds are budgeted and available in the General Fund in FY 10/11 and will be requested in subsequent fiscal years. ISSUE: Chapter 105 of the Texas Local Government Code requires the governing body of a municipality to authorize a depository services agreement. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3769 BACKGROUND INFORMATION BACKGROUND: The City has a continuous need for a full- service commercial depository to provide depository services for the City's funds. The City is currently under agreement for depository services with The Frost National Bank (Frost). The initial four -year term of that agreement commenced on January 24, 2006 and continued through December 31, 2009. The sole optional one -year extension period was exercised which extended the agreement through December 31, 2010, at which time the current agreement expires. State law allows cities to enter into a depository services contract for up to five years. A long -term contract is recommended due to the volume of the City's daily deposits and financial activities and the time and internal costs associated with transitioning to a new depository bank, including, but not limited to: training regarding a new depository bank's system for performing wire transfers, obtaining bank balances, controlled disbursements, reconciliation processes, lockbox totals and other types of services and processes. AWARD BASIS: The Request for Applications was advertised twice and issued directly to 34 local financial institutions. Two applications were received from Frost National Bank, headquartered in San Antonio, Texas and Wells Fargo Bank, NA, headquartered in San Francisco, California. Applications were evaluated across five major criteria: Technical Solution, Applicant's Profile & Qualifications, Local Presence, Fee Schedule and Exceptions. An evaluation team comprised of the Interim Director of Financial Services, Constance Sanchez; the City's Treasurer, David Headberg; Investments Analyst, Jerome Joslin; and the Purchasing Division's Procurement Manager, Paul Pierce, reviewed the applications and scored each according to the criteria above and as reflected in the Summary Evaluation Matrix attached herewith. The Frost National Bank is not only the top- scorer, but is also the low -cost provider and, thus, represents the best overall value for the City. The local branch office of Frost National Bank will service the City's depository services account. FUNDING: The estimated fees to be paid to Frost each month under the recommended three -year agreement are $14,335.92. As part of its offer, Frost will waive the first four months of fees. The agreement will commence on January 1, 2011. Thus, for the remainder of FY 2010/2011, Frost will assess fees for only three months (May, June and July of 2011). Therefore, estimated fees to be paid by fiscal year are as follows: FY2010/2011 (3 mos.) FY2011/2012 (12 mos.) FY2012/2013 (12 mos.) FY2013/2014 (5 mos.) Total $ 43,007.76 172,031.04 172,031.04 71,679.60 $458,749.44 _7 2— funowy fenny JeaA -aaryl leoi cn CO m m 0 N - +�r'r? —I (DC)°0 cnm:0° c 0 - -. m 0 M N N C -0 Q C6 0 cl E CD 7 0 m C) ° °,p `o ° to ED P, c 3 CD 0 %0'05 5.0% 13.5% THE FROST NATIONAL BANK San Antonio, Texas 0) co o %CIO 43.8% • O ° W at O WELLS FARGO BANK, NA San Francisco, California cn 3 3m 73 y cu C � O 3 �. E co co CITY OF CORPUS CHRISTI DEPOSITORY SERVICES AGREEMENT Whereas, the City of Corpus Christi ( "City ") requested and received applications for the provision of depository services for City funds from depositories doing business within the city limits of Corpus Christi, Texas; Whereas, the City Council considered and reviewed the specifications of each application received and determined which application was the most advantageous for the City; Whereas, on, the City Council in Motion designated The Frost National Bank ( "Depository") to be the depository for City funds and authorized the City Manager to execute this depository services agreement ( "Agreement ") with Depository; NOW THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, including representations, warranties, and covenants, the City and Depository agree as follows: ARTICLE 1 Definitions For purposes of implementing this Agreement, the terms listed below will have the following meanings: "Authorized City Representative ": the. City Manager or other persons designated to perform duties in accordance with this Agreement. The present Authorized City Representatives are specified in Exhibit E. "Account Transfers ": written, electronic (wire /ACH), telephonic, telegraphic or oral requests or orders issued by an Authorized City Representative for the transfer of' City funds on deposit from City accounts maintained at the Depository for credit to accounts designated by the Authorized City Representative. "Deposits ": include demand and time deposits. The City may withdraw demand deposits on demand. Time deposits are subject to a contract under which the City may not withdraw funds by check or other means until the expiration of a certain period following written notice. "City Funds ": all accounts held by the Depository for the City. "Total City Balance ": the sum of all ledger balances of all City accounts held by Depository. "Depository Services ": all services required according to this Agreement "Other Financial Services ": all services necessary in the administration, collection, investment, and transfer of city funds. ARTICLE 2 Provision of Depository Services 2.01 Depository Services and Fees. The Depository hereby agrees to provide depository and other services described in this Agreement for the City funds deposited at the Depository. The City agrees to pay a net monthly service fee to Depository, which will be calculated as described herein. For the duration of the initial term of this Agreement and any extension hereof, the Depository agrees to calculate the earnings credit rate as follows: based upon the previous month's average 91 -day T -Bill auction discount rate plus 50 basis points. For the duration of the initial term of this Agreement and any extension hereof, the Depository agrees to provide the City with endorsement stamps and deposit bags at no charge. i 2.02 Guaranteed Service Fees. All service fees listed in Exhibit A, incorporated for all purposes into this Agreement, are guaranteed for the entire term and any option year of the Agreement. The service fees will be used in calculating the net monthly service fee. Depository agrees to waive the first four months' analysis (fees). 2.03 Calculation of Net Monthly Service Fee. A written invoice evidencing the services performed for the City by the Depository must be mailed to the City at the end of each month for each account. This invoice must also contain a section summarizing the services provided and the fees for services for all accounts. The City will have five working days to confirm the services performed. After the City has confirmed the services performed by the Depository, the City agrees to pay a monthly net service fee for the services provided by Depository. The monthly net service fee is to be calculated as follows: The Depository will calculate total earnings credit for all City account balances grouped together and not for single account balances. The Depository will calculate the total monthly service fees for all accounts. If the total service fees are greater than the total earnings credits, then the difference between the two will be the net depository service fee for the month. 2.04 Payment of Net Monthly Service Fee. The Depository will not debit a City depository account for the net monthly service fee until the Depository and the City agree that the net monthly depository service fee is correct. The net monthly service fee will be allocated among accounts as designated by an Authorized City Representative. 2.05 Representations of Depository. The Depository shall: (a) keep the City funds covered by this Agreement; (b) faithfully perform all duties and obligations imposed on the Depository by law and under this Agreement; (c) pay on presentation all checks drawn and properly payable on a demand deposit account with the Depository; (d) pay all transfers properly payable as directed by an Authorized City Representative; (e) provide and maintain security at the level required by the provisions of Chapter 2257, Government Code and this Agreement; and (0 account for the City funds as required by law. 2.06 Electronic Cash Management Services. The Depository must provide electronic cash management services. Using Internet access, the City through an Authorized City Representative must be able to access and transmit a variety of balance and transaction information as required in this Depository Services Agreement. Any necessary software to perform these services, including but not limited to, stop payments, wire transfers, account balance and transaction information, and transmission of Automated Clearing House ( "ACH ") debit or credit transactions, shall be made available by the Depository, at no charge to the City. 2.07 Deposits. The Depository shall accept all deposits made by the City during the term of the Depository Services Agreement. The Depository shall accept City deposits for ledger credit until 3:00 p.m. Central Time (CT) each business clay. The City reserves the right to exclude deposits made on behalf of the Corpus Christi Fire Fighters' Retirement System and any other special funds which are controlled by entities separate and apart from the City. 2.08 Items Deposited. All payments made directly to the City by customers will be sent to the bank unencoded. 2.09 Automated Information Reporting. Using Internet access, the City must be able to access, for each City account, the previous day's ending ledger balance, collected balance, float, and debit/credit detail by 8:00 a.m. CT daily. By this same deadline, this information shall be combined to reflect totals for all City accounts taken together. 2 2.10 Items Processing Service. The Depository shall provide the following processing services for all items of checks and cash deposited by the City, including, but no limited to: encoding services, credit and debit advices given to the City within three business days of the debit or credit, clearing returned items, and return of stamped duplicate deposit slips to the City within one business day of deposit. The City intends to deposit all revenues directly to the Depository by courier. The deposits will be made in batches with a tape to be provided for each batch. If the Depository Item Processing Department discovers an error in the deposit, then the Depository shall prepare a credit or debit advice and mail it to the City immediately after the account has been adjusted. The Depository shall also mail the appropriate documentation attached to the debit or credit advice to justify the correction. Appropriate documentation is considered to be a copy of the City's tape with the item in question marked and a copy of the check in question. 2.11 Check Sorting Requirements. Any account that has more than 400 checks shall be fine -sorted in numerical order by the Depository. 2.12 Insufficient Funds (NSF)/Returned Items. A complete description shall be provided on all NSF /returned items deposited into City accounts. The description shall include the Payor's name, applicable City department, and reason for return. All NSF /returned items shall be charged back to the account to which the items were deposited provided that the City department is identified by endorsement stamp or other readily identifiable means on the item. The Depository will send the NSF /returned items to the City department or other business designated by an Authorized City Representative. 2.13 Stop payments. Stop payments shall remain in effect for at least six (6) months. By using Internet access, the City through an Authorized City Representative shall be able to initiate stop payments. Placement of stop payments through the Internet does not require follow -up written authorization. 2.14 Automatic payroll deposit services. Using Internet access, the City through an Authorized City Representative will electronically transmit City employed payroll data to the Depository. The Depository will receive the data and prepare an Automated Clearing House ( "ACH ") debit. The Depository payroll account will be debited no sooner than the date of payroll. Exhibit A contains the 2010 Payroll Calendar. Procedures for processing the ACH debit are set out herein. 2.15 General Wire Transfer Services. Using Internet access, the City shall be able to initiate general wire transfer services including initiation of repetitive and non - repetitive wire transfers. Wire advices should be mailed within three days of wire debit or credit. The Depository shall act upon all electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 3:30 p.m. CT. The Depository shall record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty -one (61) days (the period for City notification of discrepancies) following such requests. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, compensation for loss shall be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 2.16 Account Reconciliation Services. All depository statements and paid items shall be on a monthly cycle and shall be cutoff on the last calendar day of the month. The City will pick up all Depository statements via electronic format (such as a compact disk_ CD) no later than the fifth working day following 3 the assigned cut -off date. The Depository may not mail the CD unless an Authorized City Representative approves such mailing. If a statement for a City depository account is not cut off as specified in this Agreement, the Depository shall reimburse the City for the costs incurred to reconcile the statement, including City employee overtime costs. The Depository will provide the City access to cleared checks via the Internet. 2.17 Depository Reconcilements. Automated depository reconcilements with Internet access are required for the Vouchers Payable and Payroll accounts and other accounts as required by an Authorized City Representative as transaction volume increases. By using the Internet, the City will electronically transnait reconcilement data to the Depository. Reconcilements shall be available for pick up by the City by the ninth working day following the date the data was transmitted to the Depository. "Add/delete" adjustment forms will be provided by the Depository. The Depository will transmit reconcilement information to the administrators of the City's health care and worker's compensation accounts and others as designated by the City. 2.18 Checking with Interest Accounts. If designated by an Authorized City Representative, a demand deposit account will be set up as interest bearing and interest will be paid monthly. Interest rates will be those set for public fund interest bearing accounts. 2.19 Controlled Disbursement Service. Specific accounts as designated by an Authorized City Representative will be controlled disbursement accounts. By 11:15 a.m. CT each day, the City shall be able to access same day information concerning controlled disbursement clearings using the internet. 2.20 Zero - Balance Accounts . Specific accounts as designated by an Authorized City Representative will be zero - balance checking accounts for ease in reconciling and record keeping. 2.21 Check Cashing. Depository shall pay on presentation all checks drawn and properly payable on a City demand deposit account at no charge to the payee or to the City. 2.22 Deposit Locations. The City will have the option to make Deposits at the Depository's main Corpus Christi office or at any of Depository's Corpus Christi branches. A deposit ticket will be presented to the Depository with each deposit. The Depository will route specified deposit ticket copies to the City on a daily basis. 2.23 Night Depository. The City will utilize the night depository facilities of the Depository for safekeeping purposes. The City will use special tamper- evident deposit bags in making deposits through the night depository facility. Each bag placed in the night depository facility will contain only currency, coin, and checks. The Depository will be responsible for safekeeping these bags until the City (or its agent) collects them on the next City business day at 8;00 a.m. CT. The Depository will record the bags on a form prescribed by the City and will verify the list when the City (or its agent) collects the deposit bags. If it appears that a bag has been tampered with, the Depository shall telephone an Authorized City Representative before transferring the bag. The Depository will verify the list with the City when the City collects the deposit bags. 2.24 Overdrafts. The City does not intend to have an overdraft position on any of its depository accounts throughout the course of the depository services contract. If a check or checks are presented for payment on any City account where there exist insufficient funds available for payment, the Depository agrees to pay said checks and promptly notify the Finance Director or Authorized City Representative of the existence of the overdraft situation. The City agrees to cover the overdraft within one business day. The Depository will view all City accounts together for purposes of any charges on overdrawn collected balances. _77_ 4 2.25 Authority of Authorized City Representative. An Authorized City Representative may request depository services as required to implement this Agreement. An Authorized City Representative may open a depository account. The Depository shall not require corporate resolutions or other documents to establish depository accounts at the request of an Authorized City Representative. 2.26 Investment Services. The City reserves the right to exclude from the terms of this Agreement, investment in certificates of deposits, government securities, fully collateralized repurchase agreements or similar instruments authorized by law. 2.27 Account Executive Service. The Depository agrees to assign one of its officers employed by the Depository in Corpus Christi, Texas to coordinate the depository relationship established under this Agreement. The assigned officer is responsible for responding to questions from an Authorized City Representative. The assigned officer shall perform necessary research to promptly respond to questions or concerns of the City regarding its accounts. The assigned officer of the Depository shall meet with the City at least once a month to evaluate the working relationship between the City and the Depository and to address any problems. 2.28 Reports. The Depository will provide quarterly reports of income /condition (required by the FDIC) by the 15th day following the reporting deadline for each calendar quarter. 2.29 Direct Debit of Utility Customers. The City shall electronically transmit data to the Depository regarding those City utility customers who have previously authorized the City to directly debit their demand deposit accounts for City utility bills. Upon request by the City, the Depository shall provide this pre - authorized direct debit service. The Depository will receive the data and prepare an ACH debit in accordance with the operating rules of the South Western Automated Clearing House Association and the operating rules of the National Automated CIearing House Association and as provided herein. ARTICLE 3 Security for Deposits 3.01 Background. As security for the deposits of the City, the Depository shall pledge to the City securities equal to the largest total ledger balances the City maintains in the Depository, less the amount of coverage provided by the Federal Deposit Insurance Corporation. All funds deposited under the Depository Services Agreement shall be continuously secured in accordance with applicable federal laws and regulations as well as the laws of the State of Texas, including, but not limited to: the Public Funds Collateral Act, Vernon's Texas Government Code Section 2257.001 et. seq. and Subchapter C Security for Funds Held by Depository of Vernon's Texas Local Government Code. 3.02 Qualification as Depository. The Depository shall, no later than five days before the commencement of the term of this Depository Services Agreement, pledge security for the funds to be deposited by the City at the Depository as provided by Subchapter C, Security for Funds Held by Depository of Chapter 105, Depositories for Municipal Funds of the Texas Local Government Code, Chapter 2257, Public Funds Collateral Act, Government Code, and this Depository Services Agreement. 3.03 Collateral Provision of Financial Institution Reform, Recovery and Enforcement Act (FIRREA). The Depository shall provide certification that the Depository has complied with all requirements of the Financial Institution Reform, Recovery and Enforcement Act ( FIRREA) and FDIC policies which may apply to the City's security interests in the pledged collateral and shall specify the officers of the Depository who are authorized to sign agreements with the City. Prior to the initial pledge of securities under the Depository Services Agreement, the Depository shall: (a) execute a Security Agreement - Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of 775 the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement- Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.04 Permissible Security. Only the following types of securities are acceptable to the City to secure City deposits: (1) a treasury note of the United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. (2) an obligation of an agency of the United States, provided that: (i) the market value can be readily established and (ii) the obligation has been approved by an Authorized City Representative. 3.05 Custodian of Pledged Securities. The securities pledged by the Depository as collateral for City deposits shall be deposited with a Texas branch of the Federal Reserve Bank, ( "the Custodian "), in escrow in a safe - keeping account held in the name of the City, ( "the Custodian Account "). The Custodian Account shall require the authorization of both the Depository and an Authorized City Representative to release pledged collateral. The Custodian, upon receipt of pledged securities, shall promptly issue and deliver to the Authorized City Representative trust receipts for the securities pledged. The securities shall be held by the Custodian. The Custodian may not transfer or deposit the securities in another institution without the prior written authorization of an Authorized City Representative. 3.06 Amount of Collateral. Securities pledged by the Depository to secure City funds on deposit identified with federal taxpayer identification number 74- 6000574 shall have a market value of at least eight million dollars ($8,000,000) or as designated in writing by an Authorized City Representative. During the City's tax season, which occurs from October through March, the Depository shall provide additional collateral in accordance with this Agreement. Securities pledged by the Depository to secure City funds identified with federal taxpayer identification number 74- 2442464 shall have a market value of at least one million five hundred thousand dollars ($1,500,000) or as designated in writing by an Authorized City Representative. 3.07 Determination of Market Value. The market value of a security is to be determined by an Authorized City Representative from a third party source (i.e. Primary dealer, Wall Street Journal) and is binding on the Depository. 3.08 Charges for Collateral. Charges for the collateral provided by the Depository are provided in the Applicant's response to Section 3.6, Fees, B. of the Request for Applications. 3.09 Federally Insured Deposits. The Depository is not required to provide security for the deposit of City funds to the extent deposits are insured under 12 U.S.C.A., Sections 1811- 1835a. 3.10 Additional Security. An Authorized City Representative may, by written order, require the Depository to pledge additional collateral at any time it is determined to be advisable. Additionally, if, for any reason, the total City balance on deposit with the Depository exceeds the market value of pledged security, the Depository shall immediately pledge additional securities to the City. Any additional security pledged shall meet the requirements of this Depository Services Agreement and shall be approved by an Authorized City Representative. Failure to pledge additional securities on the day the Depository is provided notice constitutes grounds for City Council to select a new depository as required by law and terminate the Depository Services Agreement. _7g_ 6 Prior to the pledge of additional securities under the Depository Services Agreement, the Depository shall: (a) execute a Security Agreement- Pledge and ancillary agreements necessary to effect the pledge of additional securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement - Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.11 Substitution of Securities. The Depository may substitute one security for another provided that the security meets the requirements of this Depository Services Agreement; the substitution is approved, in writing, by an Authorized City Representative and the Depository. Prior to such substitution of securities, the Depository shall: (a) execute a Security Agreement- Pledge and ancillary agreements necessary to effect the pledge of securities to collateralize all of the City's deposits in such form as is acceptable to the City; (b) deliver to the City a certified copy of excerpts from the minutes of a meeting of the Loan Committee and/or Board of Directors of the Depository, properly authorizing the Depository to enter into a Security Agreement - Pledge, and to pledge assets of the Depository to secure all deposits made by the City with the Depository; and (c) deliver to the City certification that the Depository Agreement, the Security Agreement - Pledge, and the authorization of the Board of Directors and the Loan Committee of the Depository have been placed (and will continuously be maintained) in the official records of the Depository. 3.12 Release of Security. If the securities pledged by the Depository exceed the amount required under this Depository Services Agreement, an Authorized City Representative may authorize the release of the excess. Such release shall be approved in writing by an Authorized City Representative. 3.13 Records and Audit. The Depository shall maintain separate, accurate, and complete records relating to the deposit of public funds, the pledged investment securities, and all transactions relating to the pledged investment securities. The Custodian shall maintain separate, accurate, and complete records regarding the pledged investment securities. All such records shall be subject to any internal or external audit or regulatory examination of the Depository or Custodian. 3.14 Documentation to Be Provided to City. The Depository and Custodian shall provide documentation relating to the description of securities pledged as collateral, substitution of pledged securities, pledge of additional securities, and withdrawal of excess securities to the Authorized City Representative. A certificate as to the then- market value of securities pledged as security hereunder shall be provided to the Authorized City Representative at least monthly. 3.15 Surrender of Interest on Securities. Upon the request of the Depository, the City shall surrender, when due, interest coupons or other evidence of interest on securities if the remaining value of the securities pledged are adequate to meet the requirements of this Agreement. ARTICLE 4 Account Transfers 4.01 Electronic, Telephonic, Telegraphic or Oral Requests for Account Transfers. The Depository is authorized to honor, execute and charge City accounts for electronic, telephonic, telegraphic or oral requests: (a) for the transfer of funds from designated City accounts to any other City depository account, whether the account is with the Depository or another financial institution; or (b) for the transfer of funds from designated City accounts to the account of or the credit of a third party, whether the third party account is with the Depository or another financial institution. All requests shall be properly identified as being made by an Authorized City Representative in compliance with the Depository's transfer procedures. 4.O2 Internal Transfers. An Authorized City Representative will periodically need to transfer funds from one City account to another to reimburse Payroll, Vouchers Payable, and other accounts. 4.03 Instructions for Transfer. The Depository shall act upon all electronic, written or verbal transfer requests within one hour from the time received from an Authorized City Representative, and use any means for the transmission of the funds the Depository may consider suitable up until 2:30 p.m. CT. 4.04 Immediate Credit. The Depository shall give both ledger and collected credit the day of the wire receipt, regardless of the time the Depository receives the transfer through the Fed wire System. Credit to City accounts for incoming wire transfers shall be immediate. 4.05 Daylight Overdraft Policy. The City actively invests in marketable securities. An outgoing wire transfer will be made in the morning for the reinvestment of funds expected by an incoming wire transfer. The Depository shall allow the City to reinvest and to wire funds out in anticipation of an incoming wire transfer later in the day. The Depository will not charge the City for daylight overdrafts. When a daylight overdraft is anticipated, an Authorized City Representative will notify the designated depository official of the situation. 4.06 Notification of Funds Transfers. Notification to the City of incoming wire transfers or problems with outgoing wire transfers shall be made within one hour of the transaction. The City allows two authorized employees to initiate repetitive transfers. All authorized employees will be issued a personal identification number in order to initiate wire transactions. If the wire transfer is initiated over the telephone, the Depository shall telephone the City and specifically request to speak to an Authorized City Representative other than the person initiating the wire to verify that the wire is authorized prior to releasing the wire. 4.07 Records. The Depository shall record all telephonic instructions from the City received by the Depository's wire transfer department and retain the recordings for sixty -one (61) days (the period for City notification of discrepancies) following such requests. The City agrees to report any discrepancies between the City's records and the Depository statement to the Depository's wire transfer department in writing within sixty -one (61) days after the statement date. 4.08 Discrepancies/Loss of Interest/Error. In the event there is a loss of interest or use of funds as result of a Depository error for failure to execute a transfer request on the date received, or such other error within the Depository's control, the Depository agrees that compensation for loss shall be corrected by adjusting the aggregate ledger and collected balances of the City accounts to reflect properly the average balances of the amounts that would have resulted had no error occurred. 4.09 Designated Accounts. Account Transfers may be made from the other accounts as designated by an Authorized City Representative. ARTICLE 5 Other Financial Services 5.01 Bailor/Bailee Relationship. Until deposits are credited to the City as evidenced by validation of duplicate deposit slips, the relationship between the City and the Depository as to all contents shall be that of Bailor and Bailee. The Depository shall be responsible and liable to the City for use of that degree of care required under the laws of Texas for Bailees having cult? dy of property of other persons. 5.02 Custody, Safekeeping of Governmental Agency Securities. The Depository agrees to handle all purchases and sales of securities on a delivery versus payment or payment versus delivery basis (i,e. for securities purchases, monies will not be released by the City's safekeeping bank until securities are received at the Federal Reserve Bank or further credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simultaneously released to the purchaser). In this manner, the City will always have possession of either the securities or its monies on a delivery versus payment basis. The cost of safekeeping securities, processing purchase /sale transactions, and coupon interest payments are listed in the Applicant's response to Section 3.6, Fees, A., MONTHLY PRICING SUMMARY FORM. The City will send written instructions to the securities clearance department for each transaction. Most of these instructions will be sent by facsimile to assure the timeliness of the operation. It is specifically provided that when a City security matures, or when a City security is purchased, funds will be transferred from or to the Combined Operating account, the Bond Funds account, or another account as directed by an Authorized City Representative. The Depository shall give prompt notification to the City of any settlement problems, including securities delivered where the instructions do not match or where instructions have not been given to the Depository. All securities shall be perfected in the name of the City. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City. The original safekeeping receipt for each transaction will be forwarded to the City. ARTICLE 6 General Provisions 6.01 Automated Clearing House ("ACH") Membership. The Depository shall be a participating depository in the Southwestern Automated Clearing House Association to be able to deliver debit and credit payments for the following transactions: City employee payroll Account and Pre- authorized City Utility Customer Debits. An Authorized City Representative shall establish use of additional ACH transactions in writing. The Depository warrants that it is a participating financial institution in the Southwestern Automated Clearing House Association ( "SWACHA "), which provides facilities for the exchange of electronic funds transfers among its members, and other automated clearing house associations within the United States by utilizing the capacities of the National Automated Clearing House Association ( "NACHA "). The Depository acknowledges that it shall comply with the rules, as may be amended, for the notification, posting, or transfer of funds by means of electronic credit transfer facilities. The Depository is required to comply with the procedures of the SWACHA and NACHA including, but not limited to, matters such as input format, data acceptance criteria, return item handling, adjusting entries, and dishonored entries. 6.02 Charging of Fees. The Depository is authorized to charge City accounts upon direct authorization by an Authorized City Representative for: (a) charge backs on correction of mathematical errors, and (b) bank service fees owed to Depository, including Deficient Balances Before Services. Deficient Balances Before Services will be reviewed by the City's Treasurer on a quarterly basis for fee assessment. The Depository or the City will not change the schedule of fees as listed in Exhibit A during the initial term of this Agreement or during any option year. 6.03 Confidentiality, Audits and Inspections. All information assembled by the Depository under this Agreement is to be kept confidential and not be made available to any individual or organization without the _82_ 3 prior written approval of the City. At reasonable times during regular business hours, the Depository will make available for examination by the City, its duly authorized agent, accountant, or legal representative, pertinent copies of statements and debit and credit items supporting such statements, relating to the City's accounts. 6.04 Recalls, Debit Adjustments and Other Adjustments. The Depository is required to process recall or adjustment requests upon verbal authorization by an Authorized City Representative followed by written confirmation by the City, if possible, no later than four (4) working days after the request. 6.05 Compliance with Law. The Depository represents to have the expertise and personnel required and necessary to perform the services under this Agreement. The Depository acknowledges that it is fully qualified, authorized, and willing to comply under federal, state and local law to perform the services described in this Agreement. 6.06 Indemnification. THE DEPOSITORY FULLY INDEMNIFIES, SAVES, AND HOLDS HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL LIABILITY, DAMAGE, ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON WORKERS' COMPENSATION AND DEATH CLAIMS), 01? PROPERTY LOSS 01? DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF 01? ARE INANYMANNER CONNECTED WITH: (A) THE DEPOSITORY'S FAILURE TO FULFILL ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (B) ANY VIOLATION BY DEPOSITORY OF ANY APPLICABLE FEDERAL 01? STATE LAW, RULES, 01? REGULATION RESULTING FROM ANY ACT 01? OMISSION OF THE DEPOSITORY 01? ITS AGENTS AND EMPLOYEES WHICH CAUSED A DIRECT LOSS TO THE CITY UNDER THIS AGREEMENT. THE DEPOSITORY MAY, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 01? OTHER DISPOSITION, DEFEND ALL ACTIONS, PAY ALL CHARGES OF ATTORNEYS OR OTHER EXPENSES OF ANY KIND ARISING FROM LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS THIS INDEMNIFICATION WILL NOT BE CONSTRUED TO REQUIRE INDEMNIFICATION OF SUCH INJURY, LOSS OR DAMAGE WHICH MAY BE CAUSED OR ARISE FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS. TO THE EXTENT PERMITTED BY TEXAS LAW, THE CITY AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS, DEFEND OR PAY THE DEFENSE COST OF THE DEPOSITORY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LAWSUITS, CLAIMS, DEMANDS, LIABILITIES, LOSSES OR EXPENSES, INCLUDING COURT COSTS, ATTORNEY AND EXPERT WITNESS FEES, FROM OR ARISING OUT OF NEGLIGENCE OF THE CITY UNDER THE TERMS OF THIS AGREEMENT OR THE CITY'S FAILURE TO FULFILL ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 6.07 Term. This Agreement shall commence on the date following the date signed by the last signatory hereto and shall continue for a period of three years, or until a successor Depository is appointed and qualified. The City may, by 90 day written notice to Depository, terminate this Agreement during the remainder of the initial term and any option terms. Upon completion of the initial term, either party may elect to terminate any option term with 90 days prior written notice. Unless terminated, this Agreement will automatically renew for two additional one -year terms. Depository guarantees all service fees for the initial term of the Agreement and any option year. Upon termination or expiration of this Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Depository, at the option of the City, will be delivered to the City and become the property of the City. -83- 6.08 Duties After Termination. All obligations of the parties made or incurred or existing under this Agreement as of the date of termination, with respect to transactions initiated prior to the effective date of termination, will survive such termination, including, but not limited to: Depository's obligation to retain duplicates of transaction receipts and credit slips and any continuing obligation of the Depository with respect to charge backs. Upon termination of this Depository Services Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Depository, at the option of the City, wilI be delivered to the City and become the property of the City. 6.09 No Endorsement. The Depository is not authorized to advertise or publish, without City's prior written consent, the fact that the City has entered into this Agreement will be construed as if such provision was not a part of this Agreement. 6.10 Notices. Notices provided herein will be in writing and delivered to: On behalf of the City: City of Corpus Christi David Hedberg, City Treasurer P.O. Box 9277 Corpus Christi, TX 78469 -9277 On behalf of the Depository: Frost National Bank Tom Frost III, SEVP P.O. Box 1600 San Antonio, TX 78296 -1600 6.11 Assignment. Any party may not assign this Agreement without the prior written consent of the other ply 6.12 Force Majeure. Neither party will be responsible for losses resulting if the fulfillment of any terms or provisions of this control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence, said party is unable to prevent. 6.13 Conflicts of Interest. The Depository agrees to maintain current, updated disclosure of information on file with the Director of Finance throughout the term of this Agreement as may be required by the City Code of Ordinances or the City Charter. 6.14 Equal Employment Opportunity. The Depository agrees that during the performance of this Agreement, it will: (a) (b) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap, and identify itself as an "Equal Opportunity Employer" in employment advertising or requests. The Depository will be advised of any complaints filed with the City alleging that the Depository is not an Equal Opportunity Employer. The City reserves the right to consider its reports from the Human Relations Administrator in response to such complaints. 6.15 Entire Agreement. This Agreement and all amendments hereto, as may be updated, constitute the entire agreement between the parties and will supersede all previous negotiations, commitments, and contracts. 6.16 Governing Law and Venue. To the extent this Agreement is not governed by applicable federal laws and regulations, this Agreement will be governed by and construed in accordance with laws of the State of Texas. Any suit brought in connection with this Agrement shall be tried in Nueces County, Texas. 11 6.17 Notification of Changes in Depository Laws. The Depository shall notify the City in writing within ten (10) days of any changes in federal or state regulations or laws that would thereafter affect the Depository Services Contract. The Depository shall also notify the City of any services, which become available to the City throughout the contract period. 6.18 Monthly Reports. The Depository shall provide to the City each quarterly CALL report (Schedule RC only) as well as any public information concerning changes in the ownership, management or financial position of the Depository or its parent company. 6.19 Corporate Resolutions Not Required. The Depository shall not require corporate resolutions when an Authorized City Representative opens an account. 6.20 Precedence of Contract Documents. In case of a conflict in the contract documents, first precedence shall be given to the fully executed contract, as amended; second precedence shall be given to the REQUEST FOR APPLICATION, including addenda and third precedence shall be given to the application, as clarified. 6.21 Terms During Extension Year. During any extended term of the agreement, all terms, conditions and pricing shall remain the same as those in the agreement applicable to the primary term. AGREED TO BY: CITY OF CORPUS CHRISTI FROST BANK BY: BY: -_•__. NAME: Angel R. Escobar NAME: Tom Frost III TITLE: City Manager TITLE: Senior Executive Vice President DATE: DATE: /0 -z S--iC ATTEST: Armando Chapa, City Secretary A p p r o v e d as to f o r m this the day of 1 . 11/0v By: ,4'.4.4-v t-44 niea -peas; Assistant City Attorney For: Carlos Vale , City Attorney Incorporated by Reference:. Exhibit A - Monthly Fee Schedule Exhibit B - Authorization for Depository Accounts Exhibit C - 2010 Payroll Calendar Exhibit D - Request for Applications No.: BI- 0210 -10 Exhibit E - Applicant's/Depository's Response to Request for Applications No.: BI- 0210.10, as clarified _85- 12 EXHIBIT A MONTHLY FEE SCHEDULE GENERAL ACCOUNT SERVICES VOLUME UNIT PRICE TOTAL PRICE ACCOUNT MAINTENANCE 14 4.00 $ 56.00 ACCOUNT MAINTENANCE - 2 1 4.00 $ 4.00 DEBITS POSTED 5,277 0.04 $ 211.08 CREDITS POSTED 2,247 0.15 $ 337.05 ZERO BALANCE ACCTNG TRANSFERS 97 0.50 $ 48.50 MONTHLY ZBA FEE 4 0.00 (no charge) $ 0.00 STATEMENTS RENDERED 18 3.00 $ 54.00 SPECIAL SIGNATURE REQ -BASE FEE 12 3.00 $ 36.00 SPECIAL SIGNATURE REQ -ITEMS 1,751 0.02 $ 35.02 REMOTE CAPTURE MONTHLY 4 100.00 $ 400.00 TOTAL GENERAL ACCOUNT SERVICES $1,181.65 LOCKBOX SERVICES RETAIL MONTHLY MAINTENANCE 1 50.00 $ 50.00 WHOLESALE CASH PROCESSING 2 1.00 $ 2.00 RETAIL ITEM 30,604 0.18 $5,508.72 DATA TRANSMISSION 1 50.00 $ 50.00 RETAIL CD -ROM- MONTHLY 1 25.00 $ 25.00 RETAIL CD IMAGE - CHECK 33,326 0,0075 $ 249.95 RETAIL CD IMAGE - COUPON 30,604 0.0075 $ 229.53 RETAIL IMAGE DELIVERY - INTERNET 1 50.00 $ 50.00 BRANCH DELIVERY 1 40.00 $ 40.00 RETAIL UNPROCESSABLE 138 0.18 $ 24.84 LOCKBOX CREDITS 44 0.55 $ 24.20 RETAIL CHCK ONLY 2,722 0.28 $ 762.16 TOTAL LOCKBOX SERVICES $7,016.40 DEPOSITORY SERVICES REMOTE CAPTURE - ON US ITEMS 815 0.05 $ 40.75 REMOTE CAPTURE - LOCAL RCPC ITEMS 363 0.05 $ 18.15 REMOTE CAPTURE - OTH 11TH FED CITY 9 0.05 $ 0.45 REMOTE CAPTURE - TRANSIT CLEARING 2,169 0.05 $ 108.45 REMOTE CAPTURE - 11TH FED COUNTRY 1 0,05 $ 0.05 REMOTE CAPTURE - OTH 11TH FED COUNTRY 12 0.05 $ 0.60 REMOTE CAPTURE - LOCAL CITY ITEMS 412 0.05 $ 20.60 REMOTE CAPTURE - LOC STATEWIDE 8,960 0.05 $ 448.00 REMOTE CAPTURE - IMPAGE CAPTURE 12,741 0.00 (no charge) $ 0.00 REMOTE DEPOST CAPTURE -- CREDITS 126 0.15 $ 18.90 PARTIAL BAG OF LOOSE COINS 101 2.50 $ 252.50 CASH DEP PROC CASH AMT FLAT 1,560 0.00 (N/A) $ 0.00 CASH DEP PROC CASH AMT PER 1000 2,843 0.25 $ 710.75 ROLLED COIN FURNISHED - COM 265 0.05 $ 13.25 MINIMUM CHANGE ORDER 6 5.50 $ 33.00 STRAP CURRENCY FURNISHED - COM 26 0,55 $ 14.30 CASH DEP PROCESSING FEE 1 1429 0.00 (no charge) $ 0.00 CASH DEP PROCESSING FEE III 28,294 0.00 (no charge) $ 0.00 CASH DEP PROCESSING FEE 11 10,195 0.00 (no charge) $ 0.00 DEPOSIT PROCESSING SUPPLIES * *Cost" $ 0.00 ON US ITEMS 5,495 0.05 $ 274.75 LOCAL RCPC ITEMS , 1,825 0.05 $ 91.25 TRANSIT CLEARING 9,926 0.05 $ 496.30 LOCAL STATEWIDE CLEARING 22,988 0.05 $1,149.40 -86- 13 GENERAL ACCOUNT SERVICES VOLUME UNIT PRICE TOTAL PRICE 1 f TN FED COUNTRY ITEMS 7 0.05 $ 0.35 OTHER 11TH FED CITY ITEMS 33 0.05 $ 1.65 OTHER 11TH FED RCPC ITEMS 89 0.05 $ 4.45 RETURN ITEMS 143 1.00 $ 143.00 DEPOSIT CORRECTIONS 9 1.00 $ 9.00 LOCAL CITY ITEMS 457 0.05 $ 22.85 TOTAL DEPOSITORY SERVICES $3,872.75 PAPER DISBURSEMENT SERVICES CONTROLLED DISB ACTIVITY 88 0.00 (no charge) $ 0.00 POSITIVE PAY PAID REJECT ITEMS 15 0.10 $ 1.50 POSITIVE PAY POSTED CHECKS 3,929 0.10 $ 392.90 ONLINE STOP PAYMENT 2 5.00 $ 10.00 POSITIVE PAY REJECTED ITEMS 11 0.10 $ 1.10 CASH MANAGER IMAGES 73 0.05 $ 3.65 CD ROM SERVICE - PER ITEMS 5,495 0.02 $ 109.90 CD ROM SERVICE - PER DISK 4 10.00 $ 40.00 MONTHLY CONTROLLED 4 25.00 $ 100.00 TOTAL PAPER DISBURSEMENT SERVICES $ 659.05 DISBURSEMENT RECONCILIATION FULL CHECK RECO 1,496 ACCOUNT RECONCILIATION 1 TOTAL DISBURSEMENT RECONCILIATION 0.04 10.00 $ 59.84 $ 10.00 $ 69.84 GENERAL ACH SERVICES ACH ORIGINATION - ITEM 10,744 0.04 $ 429.76 ACK MONTHLY FEE 1 0.00 (no charge) $ 0.00 ACH ADDENDUM RECORD IN /OUT 977 0.05 $ 48.85 ACH INCOMING DEBITS 67 0.04 $ 2.68 ACH INCOMING CREDITS 594 0.04 $ 23.76 ACH RETURN ITEM 26 1.00 $ 26.00 TOTAL GENERAL ACH SERVICES $ 531.05 WIRE AND OTHER FUNDS TRANSFERS ONLINE WIRE OUT NON -REP 39 7.00 $ 273.00 BOOK TRANSFER NON- REPETITIVE 22 1.00 $ 22.00 INCOMING FED WIRES 21 4.00 $ 84.00 WIRE ADVICES MAILED 13 1.50 $ 19.50 TOTAL WIRE AND OTHER FUNDS TRANSFERS $ 398.50 INFORMATION SERVICES PREVIOUS DAY REPORTING MODULE 1 50.00 $ 50.00 INTRA DAY REPORT 11 0.00 (no charge) $ 0.00 PREVIOUS DAY REPORTING 18 0.00 (no charge) $ 0.00 PREVIOUS DAY RPTING DETAIL ITEMS 8,354 0.02 $ 167.08 TOTAL INFORMATION SERVICES $ 217.08 INVESTMENT /CUSTODY SERVICES CUSTODY - FIXED INCOME RECEIPTS 51 0.60 $ 30.60 CUSTODY ASSETS PER $10M BE 26,000 0.01 $ 260.00 CLEARANCE - CALLED BONDS 6 10.00 $ 60.00 CUSTODY - MONTHLY MAINTENANCE 1 10.00 $ 10.00 CUSTODY - INTEREST PAYMENTS 9 1.00 $ 9.00 CLEARANCE - FED NON- ABS /MBS 11 87 - 20.00 $ 220.00 14 GENERAL ACCOUNT SERVICES TOTAL INVESTMENTICUSTODY SERVICES VOLUME UNIT PRICE TOTAL PRICE $ 589.60 TOTAL ACTIVITY CHARGES $14,535.92 EXHIBIT 13 Attached to and made a part of the City of Corpus Christi Depository Services Agreement AUTHORIZATION FOR DEPOSITORY ACCOUNTS As the duly appointed and authorized City Manager of the City of Corpus Christi, I designate the officers Listed below as the Authorized City Representatives of the City of Corpus Christi. The signatures below are the signatures of the Authorized City Representatives vested with full authority to sign and transact business for the City including, but not limited to, Account Transfers, open and close accounts, request reports, or authorize other signatories to specific bank accounts. The signatures of the officers subscribed below are true and genuine: David Hedberg, City Treasurer Jerome Joslin, Investment Analyst Controller Constance P. Sanchez, Assistant Director of Financial Services Cindy O'Brien, Director of Financial Services This Authorization for Depository Accounts is entered into in addition to and will not amend, modify, waive, or revoke any of the terms of the City of Corpus Christi Depository Agreement except as expressly provided herein. This authorization is entered into to facilitate the electronic transfer of funds or administration of the services to be provided pursuant to the City of Corpus Christi Depository Agreement. It is not intended to empower Authorized City Representatives to approve or accept amendments, waivers, or new provisions or terms to the Depository Agreement on behalf of the City of Corpus Christi. Authorized City Representatives remain authorized until the Depository receives written notification revoking authorization. THIS AUTHORIZATION FOR DEPOSITORY ACCOUNTS is effective this th day of , 20 and revokes all previous authorizations. ATTEST: By Armando Chapa, City Secretary Approved this the day of AJ v • , 20 I BY: , Assistant City Attorney For: Carlos Val, z, City Attorney CITY OF CORPUS CHRISTI By Angel R. Escobar, City Manager EXHIBIT C 2010 PAYROLL CALENDAR PAY DATE 01/08/10 01/22/10 02/5/10 02/19/10 03/5/10 03/19/10 04/02/10 04/16/10 04/30/10 05/14/10 05/28/10 06/11/10 06/25/10 07/09/10 07/23/10 08/06/10 08/20/10 09/03/10 09/17/10 10/01/10 10/15/10 10/29/10 11/12/10 11/24/10 12/10/10 12/23/10 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/19/2010 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute the Emergency Medical Services Medical Director Contract with CHRISTUS Spohn Health System Corporation to provide the Medical Director Services and medical supervision to the City's Emergency Medical Services ( "EMS "), for an annual payment of $30,000, and subject to automatic annual renewals. ISSUE: Texas State Law requires that every Emergency Medical Service (EMS) that provides advanced life support services to have a licensed physician who oversees the provision of medical services. The current contract with CHRITUS Spohn Health System to provide medical director services is being amended to appoint a new medical director. CHRISTUS Spohn Health System, through Memorial Hospital, provides online medical control for the City and is the designated Trauma Center for the twelve counties comprising the Coastal Bend region. In addition, CHRISTUS Spohn Health System conducts an emergency medical residency program in conjunction with Texas A &M University Health Science Center. It is agreed that the City will support the emergency medical residency program which will improve emergency care education, and CHRISTUS Spohn Health Systems will coordinate the Medical Director Services for the City. The agreement is for one year and automatically renewed annually. The agreement may be terminated at any time by either party upon ninety (90) days written notice to the other party. REQUIRED COUNCIL ACTION: State law, rules and regulations require a Medical Director to supervise the delivery of invasive medical acts performed by pre- hospital providers. Approval of this item will satisfy all State requirements, and permit the EMS Division to continue providing advanced level services within the City. PREVIOUS COUNCIL ACTION: The Council approved the last agreement for an EMS Medical Director and medical education services on May 30, 2006. CONCLUSION AND RECOMMENDATION: It is recommended that the Council authorize the City Manager, or his designee, to execute the agreement with CHRISTUS Spohn Health System to provide Medical Director Services and medical education services to the Corpus Christi Fire Department. Attachments 1. Resolution 2. Contract 3. Contract Summary -93-- Richard Hooks Fire Chief RLH ©cctexas.com (361) 826 -3932 CONTRACT SUMMARY I. Parties: City of Corpus Christi and CHRISTUS Spohn Health System Corporation. II. Services: CHRISTUS Spohn Health System will serve as Medical Director of the City of Corpus Christi EMS Service and will provide medical supervision through a designated physician and approved by the Fire Chief and will provide the following services: (a) serve as a liaison to the medical community; (b) develop protocols and standing orders for EMS personnel; (c) sign and apply for all registrations and permits required by the Food and Drug Administration or any other regulatory agency who may require registration associated with pharmaceuticals that may be used with the EMS; (d) approve all personnel permitted to function as a medical care provider within the Corpus Christi Fire Department; (e) give guidance and directions to the Director of EMS and his/her staff; (f} conduct and oversee quality assurance activities to insure that field personnel and the EMS are performing in accordance with approved protocol and accepted standards; (g) advice the City regarding creation and enforcement of ordinances pertaining to emergency medical services, disaster preparedness, and communications and dispatching procedures related to EMS; (h) receive and investigate complaints; {i) work a minimum of eight hours per month at the EMS administration office; and (j} provide patient care, only if needed. III. Operational Requirements and Support: The City shall supply reasonable office space, furnishings, supplies, clerical and support personnel and other support for the proper operation of the EMS Service. IV. Indemnification: CHRISTUS Spohn will indemnify and defend the City from and against any and all liability, loss, claims, suits and causes of action on account of death, personal injuries, and property damage, including expenses of litigation, court costs, and attorney's fees which arise out of CHRISTUS Spohn, its agents, employees, or subcontractor's negligence. V. Insurance: CHRISTUS Spohn will obtain automobile and professional liability and name the City of Corpus Christi the additional insured. VI. Financial Arrangement: The City agrees to pay CHRISTUS Spohn $30,000.00 per year, in twelve equal monthly installments of $2,500.00. VII. Terms of the Contract: The contract is for one year and automatically renewed annually. The contract may be terminated at any time by either party upon ninety (90) days written notice. RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR CONTRACT WITH CHRISTUS SPOHN HEALTH SYSTEM CORPORATION TO PROVIDE THE MEDICAL DIRECTOR SERVICES AND MEDICAL SUPERVISION TO THE CITY'S EMERGENCY MEDICAL SERVICES ( "EMS "), FOR AN ANNUAL PAYMENT OF $30,000, AND SUBJECT TO AUTOMATIC ANNUAL RENEWALS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute the Emergency Medical Services Medical Director Contract with Christus Spohn Health System Corporation to provide the medical director services and medical supervision to the City's Emergency Medical Services ( "EMS "), for an annual payment of $30,000, and subject to automatic annual renewals. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: September 29, 2010 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Ellzondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —96— 1 7 AGENDA MEMORANDUM SUBJECT: ACCEPTING AND APPROPRIATING A GRANT IN THE AMOUNT OF $58,492 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AGENDA ITEMS: a) Resolution authorizing the City Manager or designee to accept a grant in the amount of $48,553 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $33,553 for furnishings for the Greenwood Branch Library and $15,000 for public access computers. b) Ordinance appropriating a grant in the amount of $48,553 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows; $33,553 for furnishings for the Greenwood Branch Library and $1 5,000 for public access computers; and declaring an emergency. ISSUE: The state has made available $48,553 to the library as part of its Loan Star Libraries Grant program. The library will use these funds for furnishings for the Greenwood Branch Library and public access computers. Funding is based on formula. Last year's grant was $58,492. The difference is due to reductions at the state level. REQUIRED COUNCIL ACTION: Appropriation of funds requires City Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries herbc @cctexas. com 826 -7070 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $48,553 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LOAN STAR LIBRARIES GRANT TO BE USED AS FOLLOWS: $33,553 FOR FURNISHINGS FOR THE GREENWOOD BRANCH LIBRARY; AND $15,000 FOR PUBLIC ACCESS COMPUTERS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to accept a grant in the amount of $48,553 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $33,553 for furnishings for the Greenwood Branch Library; and $15,000 for public access computers. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 10, 2010. Tian Narva Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong. Resolution Vote Sheet —101— 1 Page 1 of 2 ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $48,553 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO BE USED AS FOLLOWS: $33,553 FOR FURNISHINGS FOR THE GREENWOOD BRANCH LIBRARY; $15,000 FOR PUBLIC ACCESS COMPUTERS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $48,553 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to be used as follows: $33,553 for furnishings for the Greenwood Branch Library; and $15,000 for public access computers. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 7th day of December, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: November 10, 2010. Brian Na i a z Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 7, 2010 AGENDA ITEM: Amending the Debt Management Policy for the City of Corpus Christi by amending Section 15 regarding Tax Compliance, amending Sections 16.3 and 16.4 regarding Capital Improvement Program projects, and by making other non - substantive clarifications, and approving the Debt Management Policy as amended for Fiscal Year 2010 -2011. ISSUE: The Debt Management Policy was originally approved by the City Council on December 11, 2007. This policy was developed to address the methods, procedures, and practices to be utilized for issuance of debt to ensure effective and judicious fiscal management of City funds. City staff and bond counsel have reviewed the policy and are recommending minor changes to the policy. The main changes were to Sections 15 and 16 of the policy dealing with tax compliance issues (Section 15) and the "Capital Improvement Program" (Section 16) in reference to what types of projects can be debt financed (See Section 16.3.) and the process in doing so. (See Section 16.4.) City staff is requesting approval of the policy as presented. PRIOR COUNCIL ACTION: December 15, 2009 -- City Council approved Resolution 028441 approving the City of Corpus Christi's Debt Management Policy. December 16, 2008 — City Council approved Resolution 028003 approving the City of Corpus Christi's Debt Management Policy. December 11, 2007 — City Council approved Resolution 027526 adopting the City of Corpus Christi's Debt Management Policy. REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Resolution as presented. Attachments: Background Debt Management Policy —107— Constance P. Sanchez Interim Director of Financial Services telephone: (361) 826 -3227 e -mail: constancep@ectexas.com BACKGROUND In order to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City, the City Council approved Resolution 027526 on December 11, 2007, adopting a "Debt Management Policy ". The Debt Management Policy applies to all long -term debt securities issued by the City for these purposes, as well as to the refinancing of existing debt. Since the Texas Local Government Code provides that each member of the City Council has a fiduciary responsibility in the management of the City's indebtedness, the Debt Management Policy aims to document the procedures that City staff currently performs in reference to the issuance of debt and addresses additional concepts that the City may consider in the future. The policy is reviewed annually. On December 15, 2009, the City Council approved the policy via Resolution 028441. In the course of preparing the City's operating and capital budgets for Fiscal Year 2010 -2011, changes are being recommended to the Debt Management Policy to address tax implications in relation to `Build America Bonds" and to specifically outline what types of projects can be debt financed and the process in doing so. We are striving to continually improve this process and may bring forth further revisions in the upcoming year, if warranted. City of Corpus Christi CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES DEBT MANAGEMENT POLICY Dee-ember--1-50-009. December 7, 2010 -109- DEBT MANAGEMENT POLICY Table of Contents Section Title 1. Purpose and Objectives 2. Scope 3. Roles and Responsibilities 4. Selection of Service Providers 5. Use of Debt Instruments 6. Structure and Type of Debt 7. Debt Limits 8. Fund Balance Requirements 9. Methods of Sale 10. Refunding of Debt 11. Variable Rate Exposure 12. Interest Rate Swap Agreements 13. Continuing Disclosure 14. Investment of Debt Proceeds 15. Post Issuance Tax Compliance Arbitrage 16. Capital Improvement Project 17. Public Input on Capital Improvement Needs 18. Defmitions Page 1 2 2 4 6 6 11 12 12 15 16 16 17 18 18 4-9 22 24- 24 24- 24 -11b- City of Corpus Christi Debt Management Policy Section 1 PURPOSE AND OBJECTIVES 1.1 Purpose CorpusChris Itteng '1111' The Director of Financial Services for the City of Corpus Christi, Texas (the "City") is charged by the City Manager with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City's debt program. All City offices and departments must comply with the guidelines and procedures set forth in this policy. The purpose of this policy is to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City. The Corpus Christi City Council recognizes that there are no absolute rules or easy formulas that can substitute for a thorough review of all information affecting the City's debt position. Debt decisions should be the result of deliberative consideration of all factors involved. This policy is intended to augment the deliberation process by addressing the methods, procedures, and practices to be utilized to ensure effective and judicious fiscal management of City funds. The terms of this Debt Management Policy (the "Policy") are intended to comply with all federal and state laws governing debt, including, but not limited to, Texas law, Internal Revenue Service rules and regulations, United States Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) rules and regulations, , and the existing City debt covenants and City of Corpus Christi home rule Charter ( "City Charter ") provisions. 1.2 Objectives Debt Management shall be conducted with the primary objectives of Maintaining or enhancing the City's existing credit rating for all categories of short and long -term debt, consistent with the financial policies and bond covenants approved by the City Council; * Complies with applicable bond covenants and federal tax laws to ensure continued tax exemptions or tax credits. * Maintaining access to capital; • Minimizing borrowing costs; and * Maximizing financial flexibility. Section 2 SCOPE 2.1 This Policy shall govern debt obligations issued by the City that finance the construction or acquisition of infrastructure and other assets or to refinance existing debt. The City may also desire to issue debt obligations on behalf of external agencies, non -profit corporations, or other authorities for the purpose of construction or acquisition of infrastructure or other assets that further the goals and objectives of City government. In that case, the City shall take reasonable steps to confirm the financial feasibility of the project and the financing solvency of any necessary borrower; and shall take all reasonable precautions to ensure the public purpose and financial viability of such transactions. 2.2 This policy Policy applies to all short-term and long -term debt securities issued by the City. This may include general obligation bonds, certificates of obligation, revenue bonds, commercial paper, long -term capital leases, certificates of participation, tax notes, bank notes, equipment notes, private placements, and letters of credit, and other similar credit or liquidity facilities or other debt instruments. Section 3 ROLES AND RESPONSIBILITIES 3.1 All debt programs will be made in accordance with applicable federal and state regulations, subject to applicable law. The City Council will approve the issuance of all City bond indebtedness. 3.2 The Director of Financial Services has the primary responsibility for making debt - financing recommendations to the City Council and has responsibility for the appropriate management of the City's debt program. 33 The Director of Financial Services, or the designee thereof, will coordinate all activities necessary to issue debt, including, but not limited to: • Selection of financial advisor and bond counsel; • Verifying compliance with City Charter; • Review of ordinances and resolutions prepared by bond counsel; • Review of all documents necessary to issue debt prepared by bond counsel; • Review of offering memoranda or other disclosure documents provided by financial advisors; and • Review of all related financial analyses. 3.4 The Director of Financial Services, or the designee thereof, will provide no less often than annually to the City Council: a. An annual debt issuance schedule for capital projects (included in the operating budget); b. An updated ten -year capital improvement plan (included in the capital budget); c. Certification that the City is current on all debt service payments; d. Disclosure of any payment defaults since the prior report was made to the City Council; and e. Disclosure of any other bond covenant violations or defaults since the prior report was made to the City Council of which the Director of Financial Services has actual knowledge. 3.5 The Capital Budget Officer, or the designee thereof will facilitate implementation and oversee the Capital Improvement Plan for City offices and departments pursuant to Section 16 of this peliey Policy. 3.6 The Director of Financial Services, or the designee thereof will recommend to the City Council a financing team consisting of bond counsel, financial advisor, and underwriters, to the extent required for each bond issue. 3.7 The Office of Management and Budget is responsible for reporting quarterly in its financial report a schedule that includes outstanding debt requirements as well as commercial paper activity and capital lease activity. These reports will include principal and interest requirements, dates for each and related interest rates. 3.8 The City Treasurer is responsible for assuring that all debt service payments are made in a timely manner to the appropriate paying agents for the obligations issued by the City. 3.9 The Office of the Director of Financial Services is responsible for preparing and submitting the annual continuing disclosure pursuant to SEC Rule 15c -12. 3.10 The City departments administering projects financed with debt funding are responsible for complying with Section 16 of this Policy. _1133_ Section 4 SELECTION OF SERVICE PROVIDERS 4.1 Financial Advisors The Director of Financial Services provides recommendations for the selection of a financial advisor for the City of Corpus Christi's City's debt program. The financial advisor will have comprehensive municipal debt knowledge and experience and may perform the following duties including but not limited to: comprehensive analyses of debt refinancing, recommendations for alternative financial structures; development of timing and sale of new issues; recommending whether the sale of the new issues be through a competitive bid sale, negotiated sale, or private placement; coordinating the market pricing of debt securities; issuing and disseminating the bond offering document and other disclosure requirements; coordinating with the underwriters of the bond issuance if the bonds are sold through a negotiated sale; seeking and obtaining ratings from the three major bond rating agencies; and providing guidance and advice about debt - related topics, as needed,. Due to the complex nature of the City's debt portfolio, it is important for the City to maintain continuity with a financial advisor who is familiar with the City's history in issuing bonds. The City reserves the right, however, to conduct a formal request for proposal or request for qualifications process to select its financial advisor. 4.2 Bond Counsel The Director of Financial Services coordinates with the City Attorney, the Assistant City Manager for Administrative Services, and the City Manager on the selection of bond counsel for all debt issues. Bond counsel will have comprehensive municipal debt knowledge and experience. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must opine to investors that the securities are valid and legally binding obligations of the issuer City. Then, the bond counsel will opine on whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with the City Attorney's office, City Secretary's office, and Financial Services Department, as well as the City's financial advisor, to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. To the extent required by State law, bond counsel is responsible for coordinating with the Office of the Attorney General and the Office of the Comptroller of Public Accounts of the State of Texas matters relating to the approval of City obligations. The City values continuity in maintaining a relationship with bond counsel due to the complexity of issues and laws related in issuing municipal bonds. However, the City reserves the right to conduct a formal request for proposal or request for qualifications process to select its bond counsel. 4 —1 1 4— 4.3 Paying Agent /Registrar The City's financial advisor may conduct a request for proposal process to select the paying agent /registrar for each new issue and recommends the successful candidate for approval by City Staff. The successful candidate may not necessarily be the proposer with the lowest cost. A "best value" approach is- may be utilized in the selection. 4.4 Underwriters In a negotiated sale (see Section 9 - Methods of Sale), the Director of Financial Services, after review with the Assistant City Manager for Administrative Services, the City Manager, and the Financial Advisor makes recommendations about which underwriting firms to include in the underwriting syndicate. The City issues Requests for Qualification (RFQ) approximately every three years to obtain an approved list of underwriters which is broken -out by sections: national scope, banking institutions, regional scope, and "historically underutilized business" ( "HUB ") status. A diverse group of securities firms will be chosen based on past performance, demonstrated ability to resell, prior municipal issuance experience, and other factors including, without limitation, participation in bidding on competitive bond sales conducted by the City. While past demonstrated performance is the primary criteria for selection within those criteria, the participation of firms with a HUB status will be strongly encouraged. 4.5 Bond Insurer Credit quality and marketability of securities may be enhanced through the purchase of municipal bond insurance. The City pays a single premium and in turn, the bond insurer unconditionally guarantees the payment of principal and interest to the bondholders in case of a payment default. Prior to purchasing municipal bond insurance for an issue, the financial advisor will perform an analysis to determine the cost benefits to the City derived from obtaining municipal bond insurance. Bond insurance will only be utilized when it is economically feasible. 4.6 Bond Rating Agency Application Prior to issuing new debt or to issuing refunding debt, the City will submit a rating application to at least two of the largest rating agencies, which, as of the date this Policy became effective, are: Fitch Ratings, Moody's Investor Services, Inc. and Standard & Poor's Ratings Services. The Financial Advisor will carefully review any rating agency terms and conditions prior to the City accepting any such rating. 4.7 Bond Rating/Bond Insurers' Presentation As often as deemed necessary, City staff and/or elected officials will either make a bond rating presentation directly to the analysts of the three largest rating agencies and/or the bond insurance companies, will hold conference call interviews with each of these entities, or will invite each of the rating agencies and/or bond insurers to make a site visit to the City. For the presentation, staff compiles information relevant to the City's current economy, financial condition, and current initiatives to provide reference material for the rating agencies and bond insurers. When issues occur frequently, the rating agency application and offering document will be supplemented by a minimum of a written presentation of updated information about the City since the last rating application. The City distributes the Comprehensive Annual Financial Report (CAFR) and the current operating and capital budgets to each of the three bond rating agencies, as well as to bond insurance companies. Financial information about the City is available on the City's website: http: / /www.cctexas.com Section 5 USE OF DEBT INSTRUMENTS 5.1 Debt financing will not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The City will use debt financing only for one -time capital improvement projects and equipment purchases under the following circumstances: a. The project is included in the City's capital improvement plan budget; b. The project is a result of growth-related activities within the community that require unanticipated and unplanned infrastructure or capital improvements by the City; c. The project's useful life will be equal to or exceed the term of the financing; d. The equipment has an expected useful life of at least the term of financing; and /or e. There are revenues sufficient to service the debt, whether from future property taxes, user fees, or other specified and reserved resources. Section 6 STRUCTURE AND TYPE OF DEBT 6.1 Debt service will be structured to match projected cash flows, minimize the impact of future property tax levies, and maintain a relatively rapid payment of principal. 6.2 The term of the debt issuance must sheuld equal the lesser of the useful life of the asset being financed or the maximum maturity permitted by State law for the obligations issued to finance the acquisition and construction of the asset. 6.3 The types of debt instruments to be issued by the City include: 6 —116— a. General Obligation Bonds - The City generally issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate significant revenues to fund the project outright. The City pledges its "full faith and credit" and levies an ad valorem tax to repay the debt, consistent with State law and the City Charter. In order to issue general obligation bonds, the eligible voters of the City must authorize the amount to be issued through a pepulff-referendum bond election held for such purpose. For future bond elections, the City will make every effort to include the related utility relocation costs in the bond referendum for street projects in order to minimize any utility rate increases that would be associated to the cost of such related utility relocations. The general obligation bonds are sold for a term no greater than the useful life of the project that is being funded through the issuance of the general obligation bonds. b. Certificates of Obligation — Under State law, the City has the opportunity to issue certificates of obligation. Although voter approval is not required, additional notification and public hearing requirements may apply, to the extent so provided by applicable State law. Certificates of obligation may be secured by a combination of ad valorem taxes and revenues from a source that the City is authorized by State law to encumber for a public purpose, e.g., solid waste. Certificates of obligation are often issued to finance projects in cases where user fees charged for the use of the projects financed are pledged to repay the certificates of obligation. Examples include: Solid Waste, Marina, Hotel Occupancy Tax, etc. Certificates of obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens, in circumstances where cost overruns on a general obligation bond - financed capital improvement may have occurred, or where financial opportunities unexpectedly arise to leverage funds from other entities and reduce the City's capital cost for a community improvement. Also, certificates of obligation may be issued where the timing of the construction of a capital improvement and the expense of calling a bond election for a single proposition would, in the opinion of City staff and with the approval of the City Council, warrant the issuance of certificates of obligation to finance the capital improvement. -1 177- c. Revenue Bonds — Revenue bonds are secured by a specific source of revenue. There is no ad valorem tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. The City issues revenue bonds primarily for the City's Airport and Utility Systems. Typically, the City is required to fund a reserve fund that has on deposit an amount no less than the average annual debt service requirements on outstanding revenue bonds, as a contingency in the event revenues that are collected for services provided are not sufficient to satisfy debt service requirements. Another method to provide for such reserves is the use of a credit facility (such as a surety bond) in lieu of cash or eligible investments in the amount of the average annual debt service requirements on the outstanding revenue bonds. The costs of both methods are evaluated prior to a revenue bond issue. The City fully complies with debt service and reserve funding requirements set forth in any and all bond covenants. When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, typically at a level no less than 1.25 times the average annual debt service requirements on the outstanding revenue bonds. The City maintains that it will collect rates and charges at all times that are necessary to produce gross revenues and other pledged revenue in each fiscal year equal to the greater of either: • Amounts sufficient to pay all current operating expenses plus amounts sufficient to produce net revenue for each fiscal year at least equal to 1.25 times the average annual principal and interest requirements on all revenue bonds outstanding; or • Amounts sufficient to pay the sum of all current operating expenses, the average annual principal and interest requirements on the outstanding priority bonds; required deposits to the reserve fund for revenue bonds, and amounts required to pay any other obligations reasonably anticipated to be paid from gross revenues during the fiscal year. One operating ratio that is utilized is for the days' operating coverage to generally be 90 days — meaning that maintaining revenue sufficient to cover 90 days of operating expenses is targeted. Although this ratio is not mandated by the City's bond covenants, it is one that is utilized by the City's management. The City may also issue bonds and other obligations that are secured by revenues generated within a designated geographic area of the City, such as a tax increment reinvestment zone or a public improvement district. Covenants pertaining to the coverage requirements, reserve funds and other financial considerations will be developed, working with the City's financial advisor and bond counsel, to ensure that any obligations issued will be creditworthy and marketable. 8 —118— d. State Revolving Loan Funds — The State of Texas administers various revolving loan funds, which are available to be loaned to Texas political subdivisions in accordance with the statutory authority granted to state agencies to fund loans, and the regulations of the state agency with respect to the specific loan program. Two examples of such loan programs are the Texas Water Development Board water and wastewater loan programs, and the Texas Military Preparedness Commission loan program to assist defense communities in financing infrastructure improvements. The Director of Financial Services, working with the City's financial advisor, will explore financing opportunities under State loan programs to determine if financial or other benefits may help the City in pursuing loans from such state agencies. e. Refunding Bond — The Director of Financial Services, working with the City's financial advisor, will consider refinancing outstanding debt issues, as more fully discussed in Section 10 of this Policy. f. Commercial Paper — The City has established a commercial paper program to provide interim (short - term) financing authority to fund improvements to the City's Utility System. The commercial paper notes are structured as bond anticipation notes, and as a condition to the issuance of the commercial paper notes, the City must provide sufficient liquidity to enable commercial paper noteholders to be paid upon the maturity of the commercial paper notes. The Director of Financial Services, working with the City's financial advisor, will monitor the commercial paper market to ensure that the City is obtaining the lowest possible interest rates on its outstanding commercial paper notes, as well as to determine, based on the needs of the City and the then existing public debt market conditions, the timing of refunding the commercial paper notes with long term fixed rate revenue bonds. g. Tax Anticipation Notes — Tax notes with a maximum term of seven years are authorized to be issued by State law. State law also permits the City to issue short term notes in anticipation of ad valorem tax collections. The City will prepare budgets to ensure that there will be no need to issue tax anticipation notes to fund the budget. However, should emergency situations arise, the Director of Financial Services, working with the City's financial advisor, will advise the City Council on the necessity of City Council approving the issuance of tax anticipation notes. h. Capital Lease Financing and Equipment Notes — The Director of Financial Services, working with the City's financial advisor, will review the equipment needs of City departments and determine financing options for acquiring or leasing equipment, either through presenting to the City Council for approval of lease or lease- purchase agreements with vendors to acquire —1 199 — equipment, or seeking the approval from the City Council to authorize the issuance and sale of notes or other short term obligations to borrow funds to acquire equipment. i. Any other debt instrument authorized for issuance by the City in accordance with the Texas Government Code or other applicable law. 6.4 Individual revenue streams considered for proposed debt service of revenue bonds should meet a minimum debt service coverage ratio test of 1.25 times average annual debt service, along with any appropriate reserve or contingency funds. Debt coverage is defined as total revenue divided by total debt service. 6.5 Fixed Interest versus Variable Interest The City primarily issues fixed rate bonds to protect the City against interest rate risk. The City has the option to issue variable rate bonds and may, if market conditions warrant, consider such a structure. Commercial paper notes, due to their short term maturities (270 days or less), are treated as variable rate obligations. 6.6 Conduit Securities The City has created, and may create, nonprofit corporations as authorized by State statutes that act as a conduit for tax - exempt financing. Those corporations include but are not restricted to: (1) Corpus Christi Housing Finance Corporation, (2) Corpus Christi Industrial Development Corporation, and (3) the Coastal Bend Health Facilities Development Corporation. These entities issue bonds for the benefit of t& unrelated commercial entities, and the City assumes no liability for the timely payment of debt issued by these entities. These bonds are not liabilities of the City or the respective corporations and are solely payable from revenues of the various commercial entities. In addition, the City has created nonprofit corporations to assist the City in financing various public infrastructure improvements, such as the North Padre Island Development Corporation and the Corpus Christi Business and Job Development Corporation. Public funds, such as voter - approved sales taxes and tax increment revenues, may be made available to these corporations by contract with the City, in fulfillment of the public purposes for which these corporations were created. 6.7 Structure Bonds are generally issued with an average life of 20 years or less for general obligation bonds and revenue bonds but may be greater for some projects such as landfills and major utility facilities whose lives are greater than 20 years. Typically, interest is paid in the first fiscal year after a bond sale, and principal is paid no later than the second fiscal year after 10 —120— the debt is issued. Call provisions for bond issues shall be made as short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. However, the City may opt for a call date longer than 10 years in order to achieve the necessary goals of the particular issue. Section 7 DEBT LIMITS 7.1 The City will maintain its outstanding debt within the limits prescribed by State statute and the City Charter. As permitted by the Constitution of the State of Texas, home rule cities of over 5,000 population shall have a total tax allowable of $2.50 and shall have a bond allowable of $1.50 per $100 valuation (unless City Charter provides less). For purposes of issuing bonds, the State allowables are computed based on 90% collections. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service to allow for the tax rate to increase up to the State limit for voter approved debt after April 4, 1993. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year, and an analysis is performed to determine the City's ability to assume and support additional debt service payments. When appropriate, the issuance of self- supporting revenue bonds and self - supporting certificates of obligation bonds are also considered. 7.2 The City may choose to issue short -term debt (maturities one -year or less) that pay a fixed rate of interest or that pay a rate of interest that varies, both consistent with. Federal and State laws and applicable bond covenants of pre- existing bonds. 7.2.1 The City will issue short -term securities for the purposes of providing: 7.2.1.1 interim financing for long -term capital projects; 7.2.1.2 financing of short -term assets at or near their useful life; 7.2.1.3 interim cash flow /working capital needs as they arise; or 7.2.1.4 a reduction of the overall interest cost of debt financings of the City. 7.3 The City shall use economic ratios as a tool to assist in providing an objective analytical approach to determine debt capacity for new projects. These ratios may include: a. Debt per capita; b. Debt as a percent of statutory debt limit; c. Debt as a percent of appraised valuation; d. Debt service payments as a percent of governmental expenditures; or e. Level of overlapping net debt of all local taxing jurisdictions. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. The City strives to meet and achieve these standards. Section 8 FUND BALANCE REQUIREMENT 8.1 The City will strive to maintain a debt service fund balance for general obligation bonds and certificates of obligation of at least 2 percent of the annual debt service requirement for the fiscal year; provided, however, that this requirement shall comply with the provisions of Treasury Regulation 1.148 -2 (fl which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 9 METHODS OF SALE 9.1 The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take into consideration: a. Financial conditions; b. Market conditions; c. Transaction - specific conditions; d. City - related conditions; and e. Risks associated with each method. 9.2 Competitive sales are the preferred method under the following circumstances: a. A general obligation pledge or annual appropriation of general revenue; b. Simple structure and financial analysis; c. Stable financial market; and d. Moderate par amount. 9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. In today's market, bids primarily are submitted electronically through a secure website. 9.2.2 Competitive Sale Bidding Parameters: 9.2.2.1 Bid Verifications - The City awards successful bidders on the basis of the lowest TIC. 12 —1 2 2— 9.2.2.2 Good Faith Deposits - Bidders collectively choose a bank to be the good faith bank in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for 1% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. 9.2.2.3 Allowable Discounts/Premiums - In most cases, the City requires bidders to purchase bonds at a price of no less than par. When there are no prevailing limitations, a discount /premium may be permitted when market conditions indicate a discount /premium will be rewarded by a more competitive bid and when there is flexibility to increase /decrease the par amount ofthe issue. If there is considerable market activity on the date of the proposed sale or other market- related factor to necessitate improving the marketability of the issue, discounts /premiums may be permitted. Bidders are notified in advance ofthe allowance for discounts /premiums. 9.2.2.4 Term Bonds - Bidders may form term bonds based on the length of the maturity schedule. In a 20 -year maturity, they may form anywhere between three to five term bonds. The resulting term bond structure must completely mirror the serial bond structure. 9.3 Negotiated sales are the preferred method under the following circumstances: a. Complex transactions that require extensive financial modeling, credit analysis, pre - marketing efforts, or that are interest rate sensitive; and b. Volatile financial markets. 9.3.1 A negotiated sale is when the City chooses an underwriter or underwriting syndicate that is interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre - marketing efforts. 9.3.2 Negotiated Sale — Allocation and Designation Policies: 9.3.2.1 The City uses designation rules that reward performance. The most common order type used by the City is the Member Designated Order. This type of order permits the institution placing the order to designate which syndicate members receive credit for its order. Typically the City requires that each institution must designate at least three syndicate members, and no one firm may receive more than 50% credit. 9.3.2.2 Retention - At least two days prior to pricing, the senior managing underwriter will award a block of bonds to each co- manager in the syndicate. Each co- manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. 9.3.2.3 Management Fee - The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement, and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. 9.4 Private placement is the preferred method under the following circumstances: a. Small issue size; b. Questionable security for the issue; and c. Overall cost savings to the City. A private placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. 9.5 The City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue — Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. b. Volatility of Bond Yields — If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. 14 —124— c. Familiarity of Underwriters with the City's Credit Quality — If underwriters are familiar with the City's credit quality, a lower TIC may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to maintain an excellent bond rating. As a result, the Municipal Bond Market is generally familiar with the City's credit quality. d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that pre - marketing and buyer education efforts may be done to more effectively promote the bond sale. Section 10 REFUNDING OF DEBT 10.1 The City may elect to refund existing debt for reasons including, but not limited to, the following: a. To achieve Net Present Value (NPV) savings; b. To update bond covenants on outstanding debt that impair efficient operations or prohibit necessary or desirable activities; c. To restructure the debt service schedules associated with outstanding bond issues; or d. To alter bond characteristics such as call provisions or payment dates. 10.2 If a refunding is undertaken, the City will evaluate: a. Issuance costs that will be incurred; b. Interest rate at which the refunding bonds can be issued; c. Maturity dates of the refunded bonds; d. Call date (if any) on the refunded bonds; e. Call premium (if any) on the refunded bonds; and £ Whether to issue the refunding bonds for a period beyond the original maturity date. 10.3 Types of Refunding Current refundings occur when outstanding debt is called for redemption within 90 days. Most City's debt has a ten -year call date built into its structure. When debt reaches the call date, refunding bonds may be issued to pay off the old debt. Advance refundings are refundings where the debt is not called for redemption within 90 days. In an advance refunding, the proceeds to defease the debt at its call date are placed in escrow until the call date. The City's practice is generally to invest escrow in 15 —1 2 5— federal securities known as State and Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of `yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When the interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to at least a 2.5% present value savings. Other factors may also affect the City's decision to advance refund an issue. Section 11 VARIABLE RATE EXPOSURE 11.1 The City may use variable rate debt (including commercial paper) to lower the cost of borrowing and provide a hedge against interest rate risk. 11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate mode. 11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30 percent target, to meet the particular needs of a financing program, or to lock in low long term fixed interest rates. 11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place, such as reserves or hedging instruments, to mitigate the risk associated with rising interest rate environments. Section 12 INTEREST RATE SWAP AGREEMENTS 12.1 The City may consider the use of interest rate swap agreements on a case -by -base basis and consistent with Texas law and financial prudence. 12.2 Interest rate swap agreements may be used for the following purposes: a. To achieve significant savings as compared to other, non - derivative type products available in the bond market; b. To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the City; c. To incur variable rate exposure within prudent financial guidelines; -121g- d. To achieve more flexibility in meeting overall financial objectives than available in conventional markets; or e. To accomplish a financial objective not otherwise obtainable using traditional financing methods. 12.3 The City will not enter into an interest rate swap agreement without advice of an independent advisor and bond counsel. 12.4 The City may enter into an interest rate swap agreement if the counterparty has at least two long -term unsecured credit ratings of at least equal to the City's long term general obligation rating from Fitch Ratings, Moody's Investors Service, Inc. or Standard & Poor's Ratings Services, and the party has demonstrated experience in successfully executing interest rate swap agreements. 12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in Section 9 of this Policy. 12.6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks inherent in the transaction including counterparty risk, termination risk, rollover risk, basis risk, tax event risk, credit risk and amortization risk. Evaluation of risk will also include the following considerations: a. Uncertainty with respect to the City's future debt obligations; b. Effect on the City's credit quality, c. Cumulative exposure to all risk factors identified; d. Difficulty and costs associated with terminations; and e. Limitations on the ability to refund the swap's underlying bonds. 12.7 The City will monitor interest rate swap agreements no less often than on a quarterly basis to ensure compliance with corresponding swap documentation. Section 13 CONTINUING DISCLOSURE 13.1 The City will periodically review the requirements of the Municipal Securities Rulemaking Board (MSRB) and the recommendations of the Government Finance Officers Association (GFOA), including the GFOA recommendation that financial statements be prepared and presented according to generally accepted accounting principles. 13.2 The City will remain in compliance with SEC Rule 15c2 -12 by filing its annual financial statements and other financial and operating data for the benefit of its bondholders within six months after the end of each fiscal year. _129_ Section 14 INVESTMENT OF DEBT PROCEEDS 14.1 Debt proceeds will be invested in accordance with the City's Investment Policy or as otherwise permitted in the ordinance or resolution authorizing the issuance of the debt. 14.2 Interest earned is allocated to each fund monthly based on the average balance of funds available during the month. Interest earned on proceeds from bonds, certificates of obligation, commercial paper or other short-term or long -term debt proceeds is allocated to the respective capital projects funds. 14.3 The City maintains in its Investment Policy document approved by the City Council the strategy and policies for investing all available monies (which included bond proceeds). Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short -term securities so that they are more liquid. Section 15 TAX COMPLIANCE ARBITRAGE 15.1 In General This section contains policies and guidelines (the "Policies and Guidelines ") of the City regarding compliance with certain federal tax requirements applicable to the City's bonds and other obligations the interest on which is excluded from gross income for federal income tax purposes ( "Tax- Exempt Bonds ") and certain Build America Bonds ( "BABs ") that entitle the City to receive a federal tax credit payment. These Policies and Guidelines relate to requirements that must be met subsequent to the issuance of Tax - Exempt Bonds and BABs in order to maintain that exclusion or receive a federal tax credit payment including, without limitation, requirements relating to use of proceeds, arbitrage, private business use and record retention. These Policies and Guidelines supersede any post - issuance compliance policy previously adopted by the City but do not supersede, limit or contravene any representations, statements or covenants of the City contained in the bond documents, include the bond ordinance, any resolutions, Certificate as to Tax Exemption, Tax Covenant and Representation Agreement or similar tax certificate, Issue Price Certificate and tax opinions and memoranda related to the issuance of bonds (the "Bond Documents ") for its Tax - Exempt Bonds or BABs. 18 —128— 15.2 Policy It is the policy of the City to adhere to all applicable tax requirements with respect to its Tax- Exempt Bonds and BABs as set forth in the Bond Documents including, but not limited to, requirements relating to the use of proceeds of Tax- Exempt Bonds and BABs and facilities financed and refinanced with Tax- Exempt Bonds and BABs (the "Bond - Financed Facilities "), arbitrage yield restrictions and rebate, timely return filings, and other general tax requirements set forth in the Bond Documents. 15.3 Compliance Monitoring Consistent with the covenants of the City contained in the Bond Documents, the City will monitor compliance with the federal tax requirements applicable to its Tax - Exempt Bonds and BABs. The Assistant City Manager of Administrative Services, the Director of Financial Services or designees are responsible for monitoring compliance with those requirements, with assistance from Bond and Tax Counsel and the City's financial advisor. 15,4 Issue Price In connection with establishing the Issue Price for Tax Exempt Bonds and BABs, some or all following actions should be taken to the extent permitted by the parties to the financing: 15.4.1 Obtain executed Issue Price Certificate from senior managing underwriter or other representative of underwriting group in form approved by Bond Counsel. 15.4.2. Financial advisors of the City and appropriate City officers monitor pricing of Tax Exempt Bonds and BABs. 15.4.3 For initial sales of BABs, obtain quantity sold,,purchaser and price paid. 15.4.4 Either obtain from underwriters or monitor on Electronic Municipal Market Access C "EMMA" sales of City BABs, from pricing date to closing date and have City's financial advisor advise as to any anomalies. 15.5 Record Retention In accordance with Internal Revenue Service ( "IRS ") requirements, the City will retain the following records with respect to its Tax - Exempt Bonds and BABs: 15.5.1 Bond transcripts; 15.5.2 Records regarding Issue Price description in Section 15.4 15.5.3 Documentation showing the expenditure of proceeds of the Tax - Exempt Bonds and BABs for one or more Bond - Financed Facility; 15.5.4 Documentation showing the use of the Bond - Financed Facilities; 15.5.5 Documentation showing the sources of payment and security for the Tax - Exempt Bonds and BABs; 15.5.6 Documentation related to the investment of proceeds of the Tax - Exempt Bonds and BABs, including the purchase and sale of securities, investment income received, yield calculations, and rebate calculations; 15.5.7 All returns filed with the IRS for the Tax - Exempt Bonds (including,_ as applicable, IRS Forms 8038 -G Information Return for Tax - Exempt Governmental Obligations, 8038 -T Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, and 8038 -R Request for Recovery of Overpayments under Arbitrage Rebate Provisions) and for BABs (including IRS Forms 8038 -B Information Return for Build America Bonds and Recovery Zone Economic Development Bonds): and 15.5.8 Any other documentation that is material to the exclusion of interest on the Tax - Exempt Bonds from gross income for federal income tax purposes or entitlement to federal tax credit payments for the BABs. 15.5.9 Form 8038 -CP: Return for Credit Payments to Issuers of Qualified Bonds, the following: 1. Set up tickler or calendar notification system to insure timely filing; 2. File Form 8038 -CP within 45 -day filing window; and 3. Maintain sufficient records to show that those returns are correct. 15.5.10 Except as otherwise set forth in the Bond Documents, the City will retain the records described above in hard and/or electronic copy format for so long as the applicable Tax - Exempt Bonds and BABs remain outstanding and for a period of three years after final redemption of the applicable Tax - Exempt Bonds and BABs. With respect to Tax - Exempt Bonds that are refunding bonds, the City will retain the above - described records for the refunding and refunded bonds (and any earlier issue in the case of a series of refundings). The Director of Financial Services or designee is responsible for retaining the records relating to the City's Tax - Exempt Bonds and BABs._ 20 —130— 15.6 Arbitrage 15.6.1 The City will follow a policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15.6.2 The City will follow a Policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15-4 15.6.3 Arbitrage Calculations and Rebate On fixed -yield issues, the calculation of rebate must be performed no later than each five- year anniversary date ofthe issuance ofthe bonds and at final maturity. The City currently outsources those calculations on an annual basis. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction expenditures to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the applicability of rebate exceptions. 15.3 15.6.4 Exceptions to Rebate Calculations Six -month Exception — Where 95% of the proceeds will be spent within six months and the other 5% will be spent within twelve months. Eighteen -month Exception — Available for any type of capital proceeds and includes the following spending schedule: 15% in six months, 60% in twelve months, and 100% in eighteen months (with a de minimus holdback). An issue does not fail to satisfy the spending requirement for the third spending period as a result of a reasonable retainage if the reasonable retainage is allocated to expenditures within 30 months ofthe issue date. Twenty -four month Exception — Only available to a construction issue having the following expenditure goals: 10% in six months, 45% in twelve months, 75% in eighteen months, and 100% in twenty -four months (with a de minimus hold back). An issue does not fail, to satisfy the spending requirement for the fourth spending period as a result of unspent amounts for reasonable retainage if the reasonable retainage is allocated to expenditures within 3 years of the issue date. 15.7 Remedial Action If the City in complying with the terms and provisions the policies or guidelines set forth herein or determines that the requirements of these policies and guidelines or the tax covenants or representations in the Bond Documents may have been violated, the City will make final determinations, if necessary with the assistance of its Bond and Tax counsel and Financial Advisors, and take appropriate actions related to such noncompliance including, if appropriate, any remedial action described under applicable Treasury Regulations or through the Tax Exempt Bonds Voluntary Closing Agreement Program. 15.8 Coordination With Bond Documents In the event of any conflict between these Procedures and Guidelines and the Bond Documents, the Bond Documents shall govern. Section 16 CAPITAL IMPROVEMENT PROGRAM 16.1 In order to ensure sufficient cash flow is available to meet capital improvement project cash requirements, an annual debt issuance schedule is required. The Capital Improvement Planning Guide (the "Guide ") will provide the basis for the annual debt issuance schedule. It is imperative that the City's contemplated capital improvement programs and all prospective letting of construction contracts comply with this Policy, 16.2 The underlying asset that is being financed must be of a non - recurring nature and must should have as long a useful life as the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that the benefits, tangible and /or intangible derived from financing exceed the related financing costs. 16.3 Capital improvements projects that qualify for debt - service financing are defined as costs to acquire a new capital asset or improvements to an existing asset that increase capacity, improve functionality or extend the useful life of the asset beyond its original useful life. 16.4 On -going Capital Needs "Pay as You Go ": 16.4.1 Capital projects are generally defined as costs to construct an asset or system improvement that exceed $5,000 and have a useful life of at least the term of financing but no less than one year. 16.4.2 The City Council's goals and policies focus on infrastructure improvements. The City strives to maintain capital assets and infrastructure at a sufficient level to 22 —132 -- protect the City's investment to minimize replacement and maintenance costs, and to maintain service levels. 16.4.3 An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the capital budget process. All projects, ongoing and proposed, are prioritized by City staff which includes a representative from Financial Services, the Office of Management and Budget, Engineering Services, and each department which has or may have capital improvement project requests. For every capital project, all operating and maintenance costs/estimated incremental revenues would be included in the proposal, as well as a start date, requested total budget, the capital amount expected to be expended each year, and proposed sources of funding. City staff would then match eligible requests with available sources of funding. For those capital projects identified that will require ongoing maintenance costs once the projects are completed, no maintenance costs will be financed with revenue bonds. 16.4.4 Decisions are made on prioritization of proposed projects using the following criteria that must be documented in the Guide: o Public health and safety o Regulatory requirement (agreed orders both Federal and State), o Voter- approved bonds, o Completion of existing projects already approved by the City Council, o Operational/life cycle cost drivers; and o New projects recommended by the committee noted above.Taficl 16.4.5 Capital improvements may be funded using current revenues (property tax, dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. City staff will make every effort to utilize the Pay -As- You -Go method of funding capital improvements. 16.4.6 Upon completion of the Guide, City staff will present it to the Planning Commission as per City Charter, Article V. Planning, Section 4: The Comprehensive Plan, and then to the City Council for approval by ordinance. Once approved, the list of projects and a total dollar amount of capital improvement projects would then be identified, and any additions to the Guide for that particular year would warrant a change to the ordinance to either identify additional funding fora particular project or to identify the reduction of one project in order to fund the additional project or change order to an existing project. -1— Section 17 PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS 17.1 Citizen Input - 17.1.1 Citizen Input Form — In order to obtain input from the citizens on projects to be included in a bond election, a "Citizen Input Form" is made available on the City's website at http: / /www.cctexas.com. The form provides a place for citizens to list in priority the projects they feel should be considered in the next bond election. It also provides a place for the reasoning in choosing those particular projects. The results of the citizen input forms would then be compiled and presented to the City Council so that a slate of projects could be prepared for the bond election. 17.1.2 Town Hall Meetings — City Council members also hold Town Hall meetings in their respective districts to obtain input from citizens on the projects they would like considered for a bond election. All the suggestions from the Town Hall meetings would then be compiled and presented to the City Council for discussion to be included on the slate of projects for the bond election. 17.2 Citizen Advisory Committee — At the discretion of the City Council, a Citizen Advisory Committee may be formed to initiate the development of a multi -year financing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. Section 18 DEFINITIONS 18.1 Definitions: a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap payments due to mismatch between bonds and the notional amount of the swap outstanding. b. Arbitrage — The investment of proceeds from tax - exempt debt in taxable securities to benefit from the differential in yields. c. Basis Risk — The mismatch between actual variable rate debt service and variable rate indices used to determine swap payments. d. Bond Covenant — An agreement that the issuer is obligated to perform by virtue of issuing its bonds. e. Call Dates — The date, prior to maturity, on which a callable bond may be redeemed. 24 —134— f. Call Premium — The price, as established in the bond covenant, at which bonds will be redeemed. g- Call Provisions — A clause in a bond contract granting the issuer the right to buy back all or part of an issue prior to the maturity date. h. Capital Lease — A contract for the purchase of capital equipment through installment payments. i. Commercial Paper --- Short -term, unsecured promissory notes usually backed by a line of credit with a bank. Maturities do not exceed 270 days. Competitive Sales — A sale whereby the issuer determines the bond structure and solicits bids. The bonds are then awarded to the underwriting firm that submits the lowest interest costs for the debt. J. k. Continuing Disclosure -- The principal that accurate and complete information material to the transaction, which potential investors would be likely to consider material in making investment decisions with respect to the securities, be made available on an ongoing basis. L Counterparty Risk — The risk that the other party to an agreement will default. m. Counterparties — The parties to an interest rate swap. n. Credit Risk — The risk that an issuer of debt securities or a borrower may default on its obligations, or that the payment may not be made on a negotiable instrument (i.e., the occurrence of an event modifying the credit rating of the issuer or its counterparty). o. De minimis amount — Any failure to satisfy the final spending requirement of the 18- month exception or the 24 -month exception is disregarded if the issuer exercises due diligence to complete the project financed and the amount of the failure does not exceed the lesser of 3 percent of the issue price of the issue or $250,000. Defeasance -- The setting aside by a borrower of cash or bonds sufficient to service the borrower's debt. These are refunded bonds for which the payment of principal and interest has been assured through the structuring of a portfolio of government securities, the principal and interest on which will be sufficient to pay debt service on the refunded, outstanding bonds. When a bond issue is defeased, the claim on the revenues of the issuer is usually eliminated. Both the borrower's debt and the offsetting cash or bonds are removed from the balance sheet. p. q. Derivative Security — A financial security, such as an option or future, whose value is derived in part from the value and characteristics of another security, the underlying asset. -1 - r. General Obligation —Bonds backed by the annual levy of an ad valorem tax as necessary, within the limits prescribed by law (if any), to pay off the bonds. s. Hedge — A transaction that reduces the risk of an investment. t. Interest Rate Management Agreement — An agreement entered into in connection with the issuance of debt by an issuer or in connection with debt already outstanding, with a counterparty to provide for an exchange of payments based upon fixed and /or variable interest rates. u. Interest Rate Risk — The chance that a security's value will change due to a change in interest rates. For example, a bond's price drops as interest rates rise. v. Interest Rate Swap Agreement — A binding agreement between counterparties to exchange periodic interest payments on some predetermined dollar principal, which is called the notional principal amount. For example, one party will pay fixed and receive variable. w. Issuance Costs — The expenses associated with the sale of new securities, including such items as underwriter's spread, printing, legal fees and rating costs. x. Liquidity Risk — The risk that arises from the difficulty of selling an asset in a timely manner. y. Negotiated Sales -- A sale whereby the issuer selects an underwriter in advance so that the underwriter can assist with determining the appropriate structure of the bonds. z. Notional Principal Amount --- In an interest rate swap, the predetermined dollar principal on which the exchanged interest payments are based aa. Private Placement — A sale whereby the issuer sells the bonds directly to an institutional investor. bb. Reasonable Retainage — An amount, not to exceed five percent of available construction proceeds, that is retained for reasonable business purposes relating to the property financed with the proceeds of the issue. For example, a reasonable retainage may include a retention to ensure or promote compliance with a construction contract in circumstances in which the retained amount is not yet payable, or in which the issuer reasonably determines that a dispute exists regarding completion or payment. cc. Refunding Bonds — A bond issued to retire a bond already outstanding that may be sold for cash and outstanding bonds redeemed with cash or exchanged with holders of outstanding bonds. -1 - dd. Rollover Risk — The risk that results when a swap contract does not have the same terms with the unrelated bonds (ie. the mismatch of the maturity of a swap and the maturity of the underlying bonds). ee. Syndicate — A group of banks that acts jointly, on a temporary basis, to loan money in a bank credit (syndicated credit) or to underwrite a new issue of bonds. ff. Tax Anticipation Notes — Short-term notes issued in anticipation of collections of taxes or as otherwise provided by State law. gg. Tax Event Risk — The risk that the spread between taxable and tax - exempt rates will change as a result of the changes in income tax laws or other conditions. hh. Termination Risk — The need to terminate a transaction in a market that dictates a termination payment by the issuer. ii. Variable Rate Debt — Bonds with interest rates that fl tuate based upon an index or pricing procedure. These bonds often offer lower interest rates and have short maturities. hh. Yield Burning -- A municipal bond financing method. Underwriters in advance refundings add large markups on U.S. Treasury bonds bought and held in escrow to compensate investors while waiting for repayment of old bonds after issuance of the new bonds. Since bond prices and yields move in opposite directions, when the bonds are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. -13— RESOLUTION AMENDING THE DEBT MANAGEMENT POLICY FOR THE CITY OF CORPUS CHRISTI BY AMENDING SECTION 15 REGARDING TAX COMPLIANCE, AMENDING SECTIONS 16.3 AND 16.4 REGARDING CAPITAL IMPROVEMENT PROGRAM PROJECTS, AND BY MAKING OTHER NON - SUBSTANTIVE CLARIFICATIONS, AND APPROVING THE DEBT MANAGEMENT POLICY AS AMENDED FOR FISCAL YEAR 2010- 2011. WHEREAS, the City of Corpus Christi Debt Management Policy was adopted in Resolution No. 027526 on December 11, 2007, approved in Resolution 028003 on December 16, 2008, and approved in Resolution 028441 on December 15, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed and reaffirms the Debt Management Policy for the City of Corpus Christi as amended. A copy of the Debt Management Policy as amended is attached to this Resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 30, 2010. Lisa Agui! ssistant City Attorney For the City Attorney Joe Adame Mayor H:1LEG- DIRILisa12010 Resolutions\Debt Management Policy 2010 Resolution.doc -138- Corpus Christi, Texas of , 20'10 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 7, 2010 AGENDA ITEM: Resolution reaffirming the City of Corpus Christi's Investment Policy. ISSUE: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules which must be followed by governmental entities. This chapter is often referred to as the Public Funds Investment Act. The City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Financial Services over Management and Budget, or their designees. The Committee met on December 2, 2010 to review and approve the Investment Policy. No changes are recommended at this time. Additionally, in accordance with the Public Funds Investment Act which requires the governing body to approve the City's investment policy annually, City staff is recommending approval of the policy as presented. REQUIRED COUNCIL ACTION: The Public Funds Investment Act requires the governing body annually to formally approve by resolution the City's Investment Policy. CONCLUSION AND RECOMMENDATION: City staff and the City' s Investment Committee recommend approval of the resolution as amended. Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachment: Investment Policy Resolution CITY OF CORPUS CHRISTI INVESTMENT POLICY TABLE OF CONTENTS Page L INTRODUCTION 2 II. PURPOSE 2 III. DEFINITIONS 3 IV. INVESTMENT OBJECTIVES 5 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 6 VI. INVESTMENT STRATEGIES 10 VII. DESIGNATION OF RESPONSIBILITY 12 VIII. INTERNAL CONTROLS 14 IX. COMPETITIVE SOLICITATION 14 X. AUTHORIZED COUNTER - PARTIES 15 XI. COLLATERALIZATION 16 XII. SAFEKEEPING OF CITY SECURITIES 16 XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION 17 XIV. BANKING SERVICES 18 XV. ANNUAL POLICY ADOPTION 18 XVI. GENERAL PROVISIONS 18 APPENDICES A. PUBLIC FUNDS INVESTMENT ACT 1 -29 B. CITY'S CODE OF ETHICS ORDINANCE 1 -8 C. RESOLUTION 1 -2 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES 1 -2 1 -144- INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a mariner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. 11. PURPOSE A. Authorization This investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) 2 —145— in addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no Tess than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. 11I. DEFINITIONS Authorized Broker /Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker /Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Deputy Director of Financial Services and Director of Financial Services). Authorized Investment — Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Custodian -- An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter- party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not-designated as an Investment Officer. The Director of Financial Services may designate the Deputy Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered 3 —146— to the Custodian. Institution - Any firm, bank, bank holding company, broker /dealer or Public Funds Investment Pool that offers to sell /buy a financial transaction /security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations /controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) (C) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (0) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non- profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job 4 —1 47 — Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values, C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six -month average of Texpool, Lone Star, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio —148— 5 by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks; 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); 7. Texas Term Investment Pool; and 8. Securities Lending Program. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: 1.) U.S. Treasury Bills 2.) U.S. Treasury Coupon Notes 3.) U.S. Treasury Notes and Strips —1 4 9— Maximum Maturity up to 365 days* up to 3 years* up to 3 years* 6 b. U.S. Agencies: Maximum Maturity 1.) Federal Home Loan Bank up to 2 years* 2.) Federal National Mortgage Association. up to 2 years* 3.) Federal Farm Credit up to 2 years* 4.) Federal Home Loan Mortgage Corporation... up to 2 years* 5.) Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 1 Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is Tess than 99.50% or greater than 100.50 %, the Public - funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50 %. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 4. Collateralized Certificates of Deposit up to 1 year 7 -150 -- Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a. Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or b. Secured at 102% by obligations defined by Section XI of this Policy. Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. 5. Money Market Mutual Fund up to 1 year A AAA -rated no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year 8 —1 5 1— The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAAf by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. 8. Securities Lending Program ....up to 1 year Securities lending program as defined by the Act qualifies as an authorized investment if the value of the securities loaned under the program is not less than 100 %. However, the City requires 102% collateral. A loan made under the program must allow for termination at any time. Collateral is required and pledged to the City, held in the City's name and deposited with a custodian approved by the City. A loan made under the program must be secured by pledged securities described by Section 2256.009(a), pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256,01.6. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity, held in the investing entity's name and deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity. A loan made under the program must be placed through a primary government securities dealer or a financial institution doing business in Texas. An agreement to lend securities must have a term of one year or less. B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: 9 —1 5 2— a. The anticipated cash flow requirements of the Capital improvement Funds; and b. The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the "IRC "). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds controlled by the tax - exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five -year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050.. .$10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (I) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor investment Market Price The City monitors the market price of investments by obtaining this information from the Bloomberg system which is made . available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification 10 —153— A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. TreasurieslAgencies may be purchased for longer -term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to- intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or Tess will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short -to- intermediate -term maturities and a maximum weighted average maturity of one year. —1 5 4— 11 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving Investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk, 2. Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a Toss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee —155— 12 An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Deputy Director of Financial Services), City Attorney, Assistant Director of Financial Services /Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker /dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter- parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 10 hours of training in each successive two year period. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment - training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) to provide for the investment and management of City funds. The initial A contract made under authority of this subsection may not be for a term longer than two 13 —1 5 6— years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance either these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION —15 7— 14 Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker /Dealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER- PARTIES A. Broker /Dealers Any broker /dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment• Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification: Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City, E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental 15 —158— expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 6. Other reasons as approved by the Investment Committee. Xi. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement —159— 16 The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage i. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report -- Lake Texana Project and Packery Channel Project 1. Bond Funds by Issue m. Pools and Money Market Accounts Approved Institutional Brokers n. Economic and Interest Rate Forecast o. Glossary —160— 17 p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes Internal Reporting /Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions D. External Reporting /Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the CaII Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required by the Act. E. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the institution. B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and 18 —161— local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. 19 —1 6 2— RESOLUTION REAFFIRMING THE CITY OF CORPUS CHRISTI INVESTMENT POLICY WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; and was last approved in Resolution 028440 on December 15, 2009; and WHEREAS, the Investment Policy provides for annual review by City Council; and WHEREAS, the Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed and reaffirms the Investment Policy as previously adopted by Resolution Number 028440 on December 15, 2009. A copy of the Investment Policy is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 17, 2010 e;e Lisa Aguilar U Assistant City Attorney for the City Attorney H:1LEG- DIR \Lisal2010 Resolutionsllnvestment Policy.doc Joe Adame Mayor -163- Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —164-- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 7, 2010 AGENDA ITEM: Ordinance authorizing the resale of four (4) properties for $6,725.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $427.90 plus $1,314.49 for partial payment of City paving and demolition liens; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the properties. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the listed properties. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. Attachments Background Information Exhibit A —167— Constance F. Sanchez Interim Director of Financial Services constancep @cetexas.com (361) 826 -3227 BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad valorem taxes. The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. is proposing the resale of four (4) properties at the bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs, and the remaining funds are applied 011 a pro rata basis to each taxing jurisdiction. Each of the four (4) properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. None were selected to be removed. Therefore, all four (4) properties will remain on the list for resale. The total sale price for the four (4) properties is $6,725.00. Of this amount, the City of Corpus Christi is expected to receive $427.90 from the sale, plus $1,314.49 for partial payment of City paving and demolition liens. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for the properties listed and the properties, when sold, will be returned to the property tax roll for the upcoming year. Exhibit "A" Page 1 of 9 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 084802 -E; Nueces County vs. James C. Martin Tax ID# & Legal: 1695.0013 -0030; Lots 3, 4, 21 and 22, NW 114 Block 'D', Colonia Mexicana Property Locafion: 1420 N. Alameda St. - Corpus Christi Date of Sale: Amount Due All Entitles: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: January 6, 2009 19,640.99 575.00 137.17 8,248.00 2,93% 9.20% Entity Name Amount Due Each Entl Amount You Will liticietve ' Nueces County 1,268.01 28.22 Nueces Coun Education District 204.85 4,58 City of Corpus Christi 1,389.41 30.53 Corpus Chhcisti Independent School District 2,879.884:19 Del Mar College 457.54 10.20 City Paving & Demo Liens 13,463.72 300.13 A VACANT LOT, 50 FT. X 125 FT., ZONED FOR APARTMENTS AND LOCATED ON NORTH ALAMEDAJUST OFF WEST BROADWAY IN 'THE CUT'. THE PROSPECTIVE PURCHASER IS FRANK C. AYALA, !!I OF CORPUS CHRIST! —170— • 1630 Exhibit "A" I Page 2 of 9 -171- Exhibit "A" Page 3 of 9 • • ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 07- 1707 •E; Nunes County vs. Cleo Vernal! Tax ID# & Legal: 0797 -0088 -0050; Lot 5, Block 88, Bluff Portion Property Location: 1311 Ramirez St. • Corpus Christi Date of Sale: February 3, 2009 Amount Due All Entities: 20,296.33 Amount of Bid: 550.00 Cost of Sale: 1,147.50 Current Value: 8,000.00 % of Total Due: • 2.71% • . -9:17% 1%0 of Current. Value: Entity Name • • - . Amount Due Each Entity Amount You Will Receive Nueoes Coun 899.14 o ' -- — MEM 9 5.53 Nueces Coun Education District : CI of Co • us Christi • --- 4' ..-- Co • us Christi Inde • endent School District ' • 2 303.53 -- ....r Del Mar CO.! e 353.10 --� --- o Ci Pavin, & Demo Liens 15,785.03 IffrIMI A VACANT RESIDENTIAL LOT, 50 FT. X 150 FT., LOCATED NEAR THE OLD BAYVIEW CEMETERY IN 'THE CUT. THE PROSPECTIVE PURCHASER IS FRANK C. A YALA, Ill OF CORPUS CHRIST! 1631 Exhibit "A" Page 4 of 9 —172— s. -173- 1631 Exhibit rrAi Page 5 of 9 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entitles: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 0849844; Nueces County vs. Charles Robinson, Sr. 34434013.9150; Lote 15 and 16, Block 13, Hllicrest • Addition 1914 Van Loan Ave.. Corpus Christi June 1, 2010 11,391.80 3,600.00 856.50 18,105.0D 31.60% 19.86% Entity NamerAmount Due Each Enti Amount You Will Receive Nueces County 1,426.58 . 343.57 Nueces Coun Education District City of Corpus Christi 1,522.66 366.71 Cor ' us Christi Inde • endent School District _ 3 697.51 890.40 Del Mar College 603,32, 4,94 145,30 997.43 - Ci Pavin & Demo Liens A 1,128 SQ. FT. WOOD FRAME HOUSE ON PIERS, 50 TO 60 YEARS OLD AND FAIRLY DILAPIDATED, ONA 50 FT. X 930 FT. LOT. THE PROPERTY IS LOCATED 3 BLOCKS EAST OF THE CITGO/FLINTHILLS REFINERIES AND NEEDS COMPLETE RENOVATION INSIDE AND OUT. THE PROSPECTIVE PURCHASER IS FRANK C. AYALA,111 OF CORPUS CHRISTI 1839 Exhibit "A'" Page 6 of 9 -174- r 2 0.h\ • �' • • ,1 l N. • • r 1.r WNW i AY 8VA PALM IIIMMIN AMINO M OMLMMPidflana liql,11111 VAN LOAN 62!1 M _ i rw mrr rrmrz MINE DRIVE l MIREOM Term . g]1:31. Sy {X1111 7s ■ iy aA k t KEW- AV rum mac re.;: LITIR 1111Ilk BrLLLMAN iii .r /439 --175- 044 x. Exhibit "A" Page 7 of 9 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number& Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: • % of Total Due: : - - VG. of Current Value: 05-0887-C; Nueces County vs. Rosa Escoveda 6140-0004-0020; Lot 2, Block 4, C. A. Moldy Addition 919 14th St. - Corpus Christi October 5, 2010 15,567.66 2,000.00 1,839.50 12,400.00 12.85% • 16.13% • • Entity Name . • Amount Due ' Egch Entity Amount You • W1i! Receive Nueces Counter 2,767.90 ' 28.54 Nueces County Education District 111.99 , . .. 1.15 Ci r of Corpus Christi - • • : 2,973.63 30.68 Car. us Christi Inds.. ndent School District 6 950.07 71.85 Del Mar College 1 121.47. 11.56 Cir Paving & Demo Liens 1,642.80 16.93 A 620 SQ. FT. WOOD FRAME' HOUSE ON PIERS, NO GARAGE OR CARPORT, ON A 50 FT. X 145 FE LOT LOCATED 2 BLOCKS EAST OF CROSSTOWN NEAR THE HOUSE 1S IN POOR CONDITION, REQUIRING COMPLETE RENOVATION THROUGHOUT TO BRING IT UP TO CODE AND MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 1655 Exhibit "A" Page 8 of 9 —1 7 6— . « a CROSSTOWN i q ti m s 'a BROWNLEE ft b fit 4 sou -rare' .= n • KIN 4Y • p. 1 �tl is 7N E)(PRES SWAY SMITE 1-1IGNW4r NO, 286 MEM srRzsr 1111011111giaiii I` 1 r srp ffE.r « . ora- * •1 • ▪ .1 Ots M f P u STREET 1 -177- Exhibit "A" Page 9 of 9 ORDINANCE AUTHORIZING THE RESALE OF FOUR (4) PROPERTIES FOR $6,725.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $427.90 PLUS $1,314.49 FOR PARTIAL PAYMENT OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of four (4) properties listed on the attached and incorporated Exhibit A for $6,725.00, which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $427.90 plus $1,314.49 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of December 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: November 24, 2010 By: .rr Lisa AguilakrAssistant City Attorney for City Attorney H:1LEG- DIR1Lisa12010 ordinancelResa!e Ordinance December 2010.docx —178— -179- O A O 0 H Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 11 AGENDA MEMORANDUM City Council Action Date: December 7, 2010 SUBJECT:. ADA Sidewalk Accessibility Improvements Staples Street from Louisiana Avenue to Six Points (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with AGCM, Inc. of Corpus Christi, Texas, in the amount of $99,450 for ADA Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Cooper's Ailey to IH 37 for construction management/inspection services. (BOND 2004) ISSUE: This is a project that addresses the need for ADA improvements along Staples Street from Louisiana to Six Points and Water Street from Coopers Alley to IH 37 and is part of the effort to comply with the ADA requirements. Council awarded a construction contract to 1HS Construction, Inc. on October 26, 2010. Construction Management/Inspection services are required to complete the project; and requires City Council approval. FUNDING: Funding is available from Bond Issue 2004 Streets. RECOMMENDATION: Staff recommends approval of the Motion as presented. -Z47 Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 Detean(cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Project Budget Exhibit "D" Location Map H:SEOM@1Kedly01GEN1STREETS 6391- (Parenl project 6151) ADA Sidewalk Access Imprvs. along Staples from Six Pis to Louisianallatge AR, AGCM12 AGENDA MEMO.doc —183— AGENDA BACKGROUND INFORMATION SUBJECT: ADA Sidewalk Accessibility Improvements Staples Street from Louisiana Avenue to Six Points (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) CONTRACT DESCRIPTION: The consultant AGCM, Inc. will provide professional services for the coordination with City staff for construction management/inspection services. PROJECT DESCRIPTION: This is a joint City and TxDOT project that consists of ADA accessibility ramps at multiple locations on Staples Street from Six Points to Louisiana Avenue and on Water Street from Coopers Alley to IH 37. Staples Street from Louisiana Avenue to Six Points: The project consists of the reconstruction of noncompliant sidewalks, driveways, and curb ramps as well as the construction of new sidewalk and curb ramps along both sides of Staples Street of approximately 0.70 mile. Other related work shall include replacing existing curb and gutter, adjusting existing water valve and meter boxes, replacing and adjusting traffic signal ground boxes, installing new pavement markings, and maintaining traffic control devices and Storm Water Pollution Prevention Plan (SWPPP) control measures. All work must comply with the Texas Department of Licensing and Regulation (TDLR) requirements and the current requirement/standards of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). Water Street from Coopers Alley to IH -37: The project consists of the reconstruction of noncompliant sidewalks, driveways, and curb ramps as well as the construction of new sidewalk and curb ramps along both sides of Water Street of approximately 0.74 mile. Other related work shall include replacing existing curb and gutter, constructing bulb -outs at intersections , relocating existing curb inlets and constructing new combination shallow curb and grate inlet structures, constructing flumes underneath sidewalks, adjusting existing water valve and meter boxes, replacing and adjusting traffic signal ground boxes, re- routing traffic signal cable within new conduit underneath sidewalks, pulling new traffic signal and VIVDS Comm cables, installing new pavement markings, and maintaining traffic control devices and SWPPP control measures. All work must comply with the TDLR requirements and the current requirement/standards of the ADAAG and the TAS. PROJECT BACKGROUND: This project is part of the City's effort to comply with the ADA. The ADA prescribes accessibility standards for eliminating barriers to disabled individuals. This project was identified and prioritized by Engineering Services and the Human Relations Department with the Mayor's Committee for Persons with Disabilities and coordinated with TxDOT and the Regional Transportation Authority to maximize resources. This project is included under the Bond 2004 ADA Improvements City -Wide and in the FY 2010 Capital Improvement Planning Guide and part of the $95 million Bond Issue 2004 package approved by voters on Tuesday, November 2, 2004. The projects are funded from ad valorem property taxes (a General Obligation Bond Issue) in Street Improvements, Public Health and EXHIBIT "A" Page 1 of 2 H: HOME Kc11yO1GEN\STREETS \6391 - (Parent project 6151) ADA Sidewalk Access Impria.qo,84048 from Six Pts to Lonisianallarge AE- AGCM13 AGENDA BACKGROUND.doc Safety Projects, Public Facility Improvements, Parks and Recreation /Museum Improvements and the Bayfront Master Plan Project. The project target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the ADA. Design was completed by Martinez, Guy and Maybik, Inc. The City is using voter - approved Bond 2004 funds to leverage an 80/20 Federal Participation (TxDOT) match for construction of this project, as per the Advance Funding Agreement with TxDOT. Council awarded a construction contract to IHS Construction, Inc. on October 26, 2010 in the amount of $1,998,338.70 and an ordinance appropriating $1,598,710.96 of anticipated revenues from TxDOT in Fund No. 3530 for the ADA Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IH 37 project. EXHIBIT "A" Page 2 of 2 H :SHOMEIKeilyOIGEN\STREETS56391- (Parent project 6151) ADA Sidewalk Access ImprYkP 1n &5pird from Six Pts to Lauivixna \Large AB- AGCML3 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: ADA Sidewalk Accessibility Improvements Staples Street from Louisiana Avenue to Six Points (Project No. 6391) Water Street from Coopers Alley to IH 37 (Project No. 6443) PRIOR COUNCIL ACTION: 1. April 17, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $100,168 with Russell - Veteto Engineering, Inc. for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) (Motion No. 2001 -141) 2. June 19, 2001 — Resolution authorizing the City Manager, or his designee, to execute a master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024478) 3. August 28, 2001 — Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024555) 4. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 5. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 6. March 8, 2005 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Martinez, Guy and Maybik in the amount of $141,500 for ADA sidewalk access improvements along Staples Street from Leopard Street to Six Points. (Motion No. 2005 -078) 7. August 30, 2005 — Motion authorizing the City Manager or his designee to execute an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $210,000 for the American's with Disabilities Act (ADA) Accessibility Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway. (BOND ISSUE 2004) (Motion No. 2005 -229) H:1HOME\KellyD\GEN1STREETS'5391 •(Parent project 6151) ADA Sidewalk Access lnprvs. along Staples from Six Pis to Louisiana4Largc AE- AGCM14 PRIOR PROJECT AC IONS.doc 186— 8. January 27, 2009 — Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advance Funding Agreement for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37 in the amount of $13,200, made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi. (BOND ISSUE 2004) (Resolution No. 028034) 9. January 27, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Professional Services with Martinez, Guy and Maybik from Corpus Christi, Texas in the amount of $395,383, for a total re- stated fee of $578,603 for ADA Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37. (BOND ISSUE 2004) (Motion No. 2009 -022) 10. December 15, 2009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 11.October 26, 2010 — A. Ordinance appropriating $1,598,710.96 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the ADA Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IH 37 project; changing the FY 2010 Capital Improvement Budget adopted by Ordinance No. 028449 to increase appropriations by $1,598,710.96; and declaring an emergency. (Ordinance No. 028826) B. Motion authorizing the City Manager, or his designee, to execute a construction contract with 1HS Construction, Inc. of Corpus Christi, Texas in the amount of $1,998,388.70 for ADA Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IH 37 for the Total Base Bid Part A and Part B. (BOND 2004) (Motion No.. 2010 -264) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Park and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10 , 2000 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Park and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. EXHIBIT "B" Page 2 of 3 EAROME1KellyOLOENSTREETS56391- (Parent project 6151) ADA Sidewalk Access Imprvs. alongSttlTromSix Pts to LouisienalLarge AE- ACCMW PRIOR PROJECT ACTtON5.doca 3. January 10 , 2000 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Park and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 11, 2003 -- Administrative approval of Amendment No. 1 to the engineering services contract with Russell - Veteto Engineering, Inc. in the amount of $11,590 for a total restated fee of $111,758 for sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 5. June 23, 2004 — Administrative approval of Amendment No. 2 to the engineering services contract with Russell - Veteto Engineering, inc. in the amount of $750 for a total restated fee of $112,508 for additional services associated with the sidewalk accessibility improvements. (Bond Issue 2000 Project C -10) 6. June 25, 2004 — Letter to Pat Veteto, P.E. of Russell - Veteto Engineering, Inc. informing him that the City was electing to not proceed with the Staples Street segment of the sidewalk accessibility improvements project through his company. 7. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 8. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 9. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local) 10. October 12, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $41,720 for ADA sidewalk access improvements along Staples Street from Leopard to Six Points. 11. August 10, 2009 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $3,270 for ADA sidewalk access improvements along Staples Street from Six Points to Louisiana Avenue. 12. August 20, 2009 — Administrative approval of Amendment No. 4 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $7,680 for ADA sidewalk access improvements along Staples Street from Leopard to Six Points. EXHIBIT "B" Page 3 of 3 H:\I{OMESKelLyO\GENLSTREE 5639 I{ Parent project 6 L51) ADA Sidewalk Access Iowa. 'low( S8pAl from Six Pis to LouisLaaaV.arge AE- AGCM41 PRIOR PROJECT ACf1ONS.docx PROJECT BUDGET ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM LOUISIANA AVENUE TO SIX POINTS AND WATER STREET FROM COOPERS ALLEY TO IH 37 Project Nos. 6391 & 6443 December 7, 2010 FUNDS AVAILABLE: TxDOT $1,598,710.96 Bond 2004.. $1,241,506.54 Total. $2,840,217.50 FUNDS REQUIRED: Construction, IHS Construction, Inc $1,998,388.70 Contingencies .................. ............................... 199,838.87 Consultant Fees: Consultant, Martinez, Guy and Maybik, Inc ............................. $287,773.00 Consultant, AGCM, Inc. (Construction Management/Inspection) $99,450.00 Estimated Testing $39,967.77 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $44,963.75 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) ............ 69,943.60 Construction Inspection (AGCM, Inc.).,. 0.00 Finance Issuance ........................ 24,979.86 Misc. (Printing, Advertising, etc.) 9,991.94 TOTAL......... $2,775,297.50 ESTIMATED PROJECT BUDGET BALANCE $64,920.00 _189_ Exhibit C Page 1 of 1 File : \ Mproject \councilexhibits \exh639Jc.dwg San Patricio County aruLCES BJ4 SIX POINTS LOUISIANA PKWY AGNES CORPUS CURIO INIERNA1lONAL AIRPORT Co S c.Y! JSZISAy PROJECT # 6391 PM 2444 VICINITY MAP NOT TO SCALE EXHIBIT "D" ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM SIX POINTS TO LOUISIANA 190 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 2 DATE: 12-07-2010 11111=1, 11E1111 NNW ONE lw File : \ Mproject \councilexhibits \exh6443c.dwg San Patricio County CORPUS cg12us27 BAY CORPUS CHRISTI INTERNA11ONA1_ AIRPORT PROJECT # 6443 VICINITY MAP NOT TO SCALE EXHIBIT "D" ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG WATER STREET FROM COOPERS ALLEY TO IH-37 I CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE 12-07-2010 row 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/7/2010 AGENDA ITEM: RESOLUTION ENDORSING THE RECOMMENDATIONS MADE BY THE MAYOR'S VETERANS MEMORIAL TASK FORCE RELATED TO FUTURE IMPROVEMENTS TO THE SHERRILL PARK AREA AND PLANNING ACTIVITIES FOR FUTURE MEMORIALS TO OUR VETERANS ISSUE AND BACKGROUND: In May of this year, the Mayor appointed the Veterans Memorial Task Force as an ad -hoc committee, naming General Marc Cisneros as the Chair, and charged with undergoing a planning process for the Sherrill Park area with the ultimate goal of creating a suitable memorial honoring our local veterans. A presentation was shared with Council on November 16`", describing the results of months of hard work put in by this committee in determining the desired improvements for Sherrill Park, how this area fits into the bigger downtown redevelopment efforts, and recommendations for relocation of the WWII Memorial plaque from City Hall to Sherrill Park and appropriate next steps in the development of future memorials. This resolution is being brought to Council for approval as discussed during the presentation of November le by the Task Force Chairman, Gen'I Cisneros. REQUIRED COUNCIL ACTION: Approval of the attached resolution. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached resolution. udy D. a Intergov: ental R rudyga @cctexas.com 361 - 826 -3082 latio s Director Page 1 of 3 RESOLUTION ENDORSING THE RECOMMENDATIONS MADE BY THE MAYOR'S VETERANS MEMORIAL TASK FORCE RELATED TO FUTURE IMPROVEMENTS TO THE SHERRILL PARK AREA AND PLANNING FOR FUTURE MEMORIALS TO OUR VETERANS WHEREAS, the City of Corpus Christi is committed to developing an appropriate memorial dedicated to the veterans of World War II to replace the Memorial Coliseum, which was dedicated as a memorial to our veterans in the 1950's and has since been demolished; WHEREAS, the Mayor of the City of Corpus Christi appointed a Veterans Memorial Task Force to provide advice to the City Council on future improvements to the Sherrill Park area and planning for future memorials to our veterans; WHEREAS, the plaque commemorating those from our community who paid the ultimate sacrifice in World War II that was removed from the Memorial Coliseum will be relocated from City Hall to Sherrill Park, as recommended by the Task Force; WHEREAS, redevelopment of the Sherrill Park area in conjunction with overall Bayfront redevelopment efforts could include suggested amenities proposed by the Task Force, as requested by our veteran community, such as a shade structures, permanent seating, presentation facilities, restroom facilities, and improved parking; and WHEREAS, the City of Corpus Christi encourages future memorial proposals to the Sherrill Perk area that meet our community's desire for fitting memorials to our veterans of World War I to the present and their families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council supports the recommendations made by the Mayor's Veterans Memorial Task Force related to the development of future memorials to the veterans of Corpus Christi, as well as the proposed improvements to Sherrill Park and the surrounding area. Section 2. The City Council commits to relocating the World War II Memorial Plaque removed from the Memorial Coliseum from City Hall to Sherrill Park. Section 3. The City will take these recommendations into consideration as a component of the overall Bayfront redevelopment efforts related to the Sherrill Park area, and encourages members of the community and community organizations to participate in the planning, financing, and development of future memorials to our veterans, in the spirit of the recommendations presented to City Council by the Mayor's Veterans Memorial Task Force. Veterans Memorial Resolution -- 1123201Q.doc —196— ATTEST: Page 2 of 3 THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 23rd day of November, 2010. i R. y lining First Assistant C' Attorney For City Attorney Veterans Memorial Resolution -- 1123201O.doc —197— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —198— 1 13 NO ATTACHMENT FOR THIS ITEM 14 NO ATTACHMENT FOR THIS ITEM 15 AGENDA MEMORANDUM AGENDA ITEM: December 7, 2010 PUBLIC HEARING — ZONING (City Council Action Date: December 7, 2010) Case No. 1010 -01: Admirals' Row Council of Co- owners: The applicant is requesting a change of zoning from the "AT" Apartment - Tourist District to the "AT/PUD-2" Apartment - Tourist District with Planned Unit Development -2 not resulting in a change of land use. The property to be rezoned is described as 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State Highway 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2. PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION (October 27, 2010): Approval of the applicant's request for a change in zoning from a "AT" Apartment - Tourist District to a "AT/PUD-2" Apartment - Tourist District with Planned Unit Development -2 subject to a site plan and the following conditions: 1. Uses: All uses allowed in the "AT" Apartment- Tourist District, plus the establishment of a Planned Unit Development -2 (PUD -2), consisting of the existing thirteen single - family residences, an addition of three single - family residences, and a common area with a facility maintenance building as per the provided site plan. 2. Lot Size: No lot size shall be Tess than 5,418 square feet as per the attached site plan. 3. Private Driveway: The minimum private driveway width shall be no less than 20 feet as per the attached site plan. 4. Lot Frontage: Lot frontages shall be consistent with the approved plat and any new lots shall be constructed at the required 50 feet of lot frontage. 5. Side Yards: Side yards shall be consistent with the approved site plan and consistent with all applicable code requirements. 6. Front Yards: Front yards shall be consistent with the approved site plan and any new lot shall provide a 20 -foot front yard setback. 7. Sidewalks: Sidewalks are not required. 8. Time Limit: Such Planned Unit Development -2 (PUD -2) shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in the above listed conditions of this ordinance. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation -209- Agenda Memorandum Case No. 1010 -01 Admirals' Row Council of Co- owners Page 2 Juan Perales, Jr., .E. Assistant City Ma ager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance HAPLN- D1R \SHAREDI1. PLANNING COMMISSION12010 CC \ =EC. 201C111010-01 ADMIRALS' ROw11010 -01 AGENDA MEMO.DOC -210- CITY COUNCIL ZONING REPORT Case No.: 1010 -01 Planning Commission Hearing Date: October 27, 2010 Applicant & Legal Description Applicant: Admiral's Row Council of Co- Owners Owner: Admiral's Row Council of Co- Owners • Representative: Urban Engineering Legal Description/Location: 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State Highway 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2. Zoning Request From: "AT" Apartment Tourist District To: "AT/PUD -2" Apartment - Tourist District with a Planned Unit Development -2 (PUD -2) Area: 8.658 acres Purpose of Request: For the creation of 16 single - family residential lots and one common lot. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "AT" Apartment Tourist District High Density Residential Tourist North "AT" Apartment Tourist District Vacant Tourist South "AT" Apartment Tourist District High Density Residential Tourist East "R-1B" One- family Dwelling District (Gulf of Mexico) Vacant & Conservation/Preservation Tourist & Conservation/Preservation West "AT/PUD-2" Apartment Tourist District with a Planned Unit Development Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject lots are located in the Mustang/Padre Island Area Development Plan and are planned for a tourist use. The proposed change in zoning to the "AT/PUD-2" Apartment Tourist with a Planned Unit Development land use is consistent with the Area Development Plan and the adopted Future Land Use Map. Map No.: 022,037 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "AT/PUD-2" Apartment Tourist District with a Planned Unit Development is to provide for the uses of the "AT" Apartment Tourist District and allow for the design capabilities of the Planned Unit Development section of the Zoning Ordinance. • Transportation and Circulation: State Highway 361 (SH361) is a 4 -lane, divided, Primary Rural Arterial (RA3) Designation. SH 361 provides access as the main thoroughfare on Mustang Island and services the many condos, resorts, and single - family residences. The subject property is accessed from SH 361 via La Concha Boulevard onto a private street. —211— City Council Zoning Report Case #: 1010 -01, Admirals' Row Council of Co-Owners Page 2 • Relationship to Smart Growth: The proposed rezoning has positive implication relating to smart growth. The requested rezoning provides a positive impact to the existing beachfront areas. Other contributions are, uses of existing infrastructure, and preserving the aesthetic value of the area. • Comprehensive Plan & Mustang/Padre Island Area Development Plan Consistency: The Comprehensive Plan states that housing should encourage positive aesthetics and attractive communities. Furthermore, Planned Unit Developments should be encouraged according to the plan. The Mustang/Padre Island Area Development Plan reiterates the need for positive aesthetics and beach protection. The subject property does not show any intention of disturbing surrounding dunes, only 'a potential expansion of three additional town homes to the existing thirteen units. The proposed change in zoning is consistent with the Mustang/Padre Island Area Development Plan and the adopted Future Land Use Map. Plat Status: The subject property is not platted. The plat is currently under review by staff and must be passed simultaneously with the change of zoning. Staff Analysis: The applicant is requesting a change of zoning from the "AT" Apartment - Tourist District to establish a Planned Unit Development -2 (PUD -2). The PUD -2 will consist of thirteen single - family residences, the addition of 3 residences and a common area with maintenance facility. The "AT" Apartment - Tourist District requires the following: 5,000 square foot minimum lot size, minimum 50 foot Iot width, minimum 20 foot front yard setback, minimum 5 foot side and rear yard setbacks. Requests by applicant:. • Reductions from the minimum lot size requirement of the zoning district. o The minimum lot requirement of the "AT" District is 5,000 square feet. The Iots on the attached site plan range from 5,418 square feet to 6,560 square feet. Due to the nature of the thirteen existing single- family residences, a minimum 5,000 square foot requirement an all lots is not a viable option. Staff agrees with the request since it pertains to thirteen existing structures with envelopes set up around the units. A common open space will remain to provide recreational space for the residents and any potential guests, as well as an area to place a small building for facility maintenance. —212— Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 Str R.0 SH 361 250' R.O.W., 76' paved No Change RA3 Primary Rural Arterial Divided N/A • Relationship to Smart Growth: The proposed rezoning has positive implication relating to smart growth. The requested rezoning provides a positive impact to the existing beachfront areas. Other contributions are, uses of existing infrastructure, and preserving the aesthetic value of the area. • Comprehensive Plan & Mustang/Padre Island Area Development Plan Consistency: The Comprehensive Plan states that housing should encourage positive aesthetics and attractive communities. Furthermore, Planned Unit Developments should be encouraged according to the plan. The Mustang/Padre Island Area Development Plan reiterates the need for positive aesthetics and beach protection. The subject property does not show any intention of disturbing surrounding dunes, only 'a potential expansion of three additional town homes to the existing thirteen units. The proposed change in zoning is consistent with the Mustang/Padre Island Area Development Plan and the adopted Future Land Use Map. Plat Status: The subject property is not platted. The plat is currently under review by staff and must be passed simultaneously with the change of zoning. Staff Analysis: The applicant is requesting a change of zoning from the "AT" Apartment - Tourist District to establish a Planned Unit Development -2 (PUD -2). The PUD -2 will consist of thirteen single - family residences, the addition of 3 residences and a common area with maintenance facility. The "AT" Apartment - Tourist District requires the following: 5,000 square foot minimum lot size, minimum 50 foot Iot width, minimum 20 foot front yard setback, minimum 5 foot side and rear yard setbacks. Requests by applicant:. • Reductions from the minimum lot size requirement of the zoning district. o The minimum lot requirement of the "AT" District is 5,000 square feet. The Iots on the attached site plan range from 5,418 square feet to 6,560 square feet. Due to the nature of the thirteen existing single- family residences, a minimum 5,000 square foot requirement an all lots is not a viable option. Staff agrees with the request since it pertains to thirteen existing structures with envelopes set up around the units. A common open space will remain to provide recreational space for the residents and any potential guests, as well as an area to place a small building for facility maintenance. —212— City Council Zoning Report Case #: 1010 -01, Admirals' Row Council of Co-Owners Page 3 • Private drive 24 -foot right -of -way with 20 feet of paving. o City ordinance requires that and streets private or public be constructed to City standards. Such standards include a 50 -foot right -of -way with a 28 -foot back -to -back paved surface section. The existing private drive is a 24 -foot right -of -way with a 20 -foot paved section. Staff has agreed to this request due to the lower demand of the residents consisting of sixteen existing single - family residences and generating approximately 160 vehicle trips per day. • Exception from maximum cul -de -sac length. o The Platting Ordinance the cul -de -sacs lengths to 500 feet. The Planning Commission may allow a cuI -de -sac of 750 feet in length provided the roadway does not serve more than 24 single- family residential lots. The proposed PUD would limit the number of residential lots to 16 lots. The unique layout of the units requires a cul -de -sac length in excess of 750 feet. Due to the uniqueness of the property, Staff has no objection to the length of the cul -de -sac. • Minimum lot at property front less than 50 feet. o The "AT" District requires a minimum 50 feet of lot frontage for single- family residential lots. The applicant has requested that this be reduced due to the design of the existing residences with the private residential driveway fronting upon the private street. This creates a lot frontage between approximately 26 feet to 63 feet. Staff agrees with the request, due to the design of the driveways and the decreased demand of single- family residences • Side yards less than 5 feet. o The "AT" District requires a minimum 5 foot side and rear yard setback. The proposed lots are to be drawn around the existing structures creating a tight building envelope. Staff agrees with the request, but would require a minimum 3 foot setback from the eaves of the building as per Fire Code. Any further reduction will require review by the Building Division and a potential fire - rating of existing residences. • Front yards less than 20 feet. o The "AT" District requires a minimum front yard setback of 20 feet. Due to the proposed lots on the attached site plan, a reduction is necessary based on the design of the single - family residences. Staff agrees with the request. However, the Zoning Ordinance requires the setback for private garages to be setback at 20 feet. • No sidewalks required o Section 28 -4 of the Zoning Ordinance requires pedestrian access via adequate sidewalks. The ordinance requires that sidewalks shall be provided for complete pedestrian circulations throughout the entire planned unit development. The currently non - existent sidewalks are needed to provide pedestrian safety, mode of access, and compliance with ADA regulations. Staff does not agree with this request to exclude sidewalks from the development. —213— City Council Zoning Report Case #: 1010 -01, Admirals' Row Council of Co- Owners Page 4 In conclusion, Staff has not objection to the proposed PUD -2 development pattern provided the development complies with the sidewalk requirement. The request Planned Unit Development -2 (PUD -2) is in accordance with the Comprehensive plan and the Mustang/Padre Island Area Development Plan. The proposed expansion of three additional residences to the existing thirteen residences does not pose any threat to the surrounding wildlife habitat of the Mustang Island sand dunes. Furthermore, the PUD -2 is an acceptable use in the overlying "AT" Apartment - Tourist District. Planning Commission's and Staffs Recommendation: Approval of the applicant' s request for a change in zoning from a "AT" Apartment - Tourist District to a "ATIPUD -2" Apartment - Tourist District with Planned Unit Development -2 subject to a site plan and the following conditions: 1. Uses: All uses allowed in the "AT" Apartment- Tourist District, plus the establishment of a Planned Unit Development -2 (PUD -2), consisting of the existing thirteen single - family residences, an addition of three single - family residences, and a common area with a facility maintenance building as per the provided site plan. 2. Lot Size: No lot size shall be less than 5,418 square feet as per the attached site plan. 3. Private Driveway: The minimum private driveway width shall be no less than 20 feet as per the attached site plan. 4. Lot Frontage: Lot frontages shall be consistent with the approved plat and any new lots shall be constructed at the required 50 feet of lot frontage. 5. Side Yards: Side yards shall be consistent with the approved site plan and consistent with all applicable code requirements. 6. Front Yards: Front yards shall be consistent with the approved site plan and any new lot shall provide a 20 -foot front yard setback. 7. Sidewalks: Sidewalks are not required. 8. Time Limit: Such Planned Unit Development -2 (PUD -2) shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in the above listed conditions of this ordinance. Number of Notices Mailed Total —113 within 200' notification area; 1 outside notification area Favor Opposition — 3 (inside notification area); 0 (outside notification area) — 1 (inside notification area); 0 (outside notification area) Attachments: 1. Site — Subject Property 2. Site -- Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use 5. Site Plan H:1PL.N- DIMSHAREDII. PLANNING COMMISSION 2010 CC\DEC. 301011010 -01 ADMIRALS' ROWSCC ZONING REPORT 1010-01 ADMIRALS ROW COUNCIL OF CO- OWNERS. AT -POD -2 10.15.10.DOC -214- 12#E BELL A IV$5.TA 4 M129,20 TO avairedey: Saq a • r. enrsereroes CASE: 1010 -01 1. SUBJECT PROPERTY -215- 12A LA VISTA Its -2. S 13 NV2a.,20 TO Pr spa tad Sy: &RR w c(sDa • 4t e,1rSwy cas CASE: 1010- 01�+1 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 1 Rpaimen1 Nom Olt tid P.-1.=. Apatnenl Haut Dls He] A -2 Ayainenl Noun DIt HCI AD PratssImsal Oriet Dls tic! AT Apetilnenl.Totils1 Drrtkl E•i NefUFWdlttsal Dullness Dlxtid N -I.A NllgIth th ad Business Distill! 112 litentoni Dullness Dlt Id N•_°. Denier Wad Nudness DItlid E -3 Dustless Distill! 1.4 Genera[ Business Distici 11 Primary Hilliness DlsHcl EE Primal, 0wiriest Care DlstIc1 ND Carpus Chris' Peach Des En DUI. F ^D Fam Hull Dlsticl HO Er DM Leninist Pnesentalon FI Umlkd hduptld Distill' F2 Ughl Must/ DI Distill F3 Heap hdwtiai DIstkf PUD Earned Uri! Deuelapmenl R /A One Fan ly Dwaltig Dls tid R 111 One Fan ly MEIN Dix Ed N -10 One Fun Is 0welltg Distill] E2 It1IDk DweDkig Distill] DA One Fangs Hwdltg Meld RE Netldenist Er Ink Dssllcl R -TN Taanhoure Dsvelte Dix Ed 00 QseciaiPennll 1.1A Tlauel Trailer Pak DV till T -iE Mantr4Clred Hem Pork Dim tic] T -IC El7ttlpecktell Hem ef3lydluslon DR ticI SabjhCZP,4s7aEV elk °ME , 51T,r NV i; laS9r 4 ("OpeIJ �Jdiga �PG'15ie rod; N/ °meti iF alic!yedovmers.,* Dble A r• 4,�'- a t,, -216- RAM' Cr Hy: SST mrear#Dee - anrServacas ER IVOR NOR triZEI PO CASE: 1010 -01 3. SITE- EXISTING LAND USE Estate Residential Low Densi y Res. M$d Densrly Res. Densrly Res. lVMbile Hance Vacant Professional Office Commercial u Uill gglj Light industrial Heavy Industrial Public Semi -Pub!k Pox* Drainage Corridor Conservation/Preservation Water DC VTR Tap Scale: 1:2,400 SLIMECT PROPERTY 'LOCATION, PI •ti -217- Prepared Ely: SJR rsw ear of Dee ti; erirS ere tees LAI rj !DR AAR CASE: 1010 -01 4. SlTE- Agrica ltwaYAiral Estate Residential Low Density Res. A I Dwelt, Res. lfgb Dens& Res. labile Home Vacant Professional CTce Commercial FOB PO PJMI FUTURE LAND USE Tourist liesearct6/Basaress Park Light Industrial lkawyArambini Public Semi -Publ Pik tiarage Corridor Dredge Mosinee Water ConservadonlPreseryation Trewsportatioa Plan &man Proposed ■■se Expressways swam "-"•—• Asterisk wow Colkctovs - -- ! Plarltway CC:O; -E+++ Raikodd -66444- IPKI DP 1.17R CP 111'p Scale: 1:2,400 lSWJECT PROPERTY V.-e14) I OCAT!ON P -218- *awn w 17,0 51G vgiffl u0.�+a7 �WSa�aaY O rte, PLANNING COMMISSION LL'L6t ALLO Bf l£S E9'4Bt LO,B£. 1 e ' m$ 5 6m 1-.s 4 s 1111 j7:4 1;5 VS S'o I 22. n S s I,' 1!1 1c1 41$ v $ot !II ill; 9« 3 ra is . &off °S S�' g2 ;ii. 11 4 III EsRp ? oB E E-p 2 z =s g` sg « lit 2g1 E:5- ;1 t gs a g. m8 er p Eg ssl 9si 6eG $IgE 2E1 „bV b ost iY o mil. dsn6, •fig : � «Qa p 8 `12 E. E 6 € p� P 124 �y yOG S� �r$ $�' 11: •� Lfmli of y6 2cW' o..« F.. gig e « h ti E 1E0.5 0P ill In 2E! 115 °lei B a j$f e � n�c5 itmE S ` qF•'J$ .mB �� e 8 �• N m g�xa�a MI c � � $ lik .NOV PSanB.' � - .. Oa'l .L8'SOL 3.80.14.1eN - /a i:� '� �4 r� etrt ,. brr, i,r'��' - 11 I ' G + � 1 Q 1114 II !I ij L P it `'' Idi C i w' ' /) sib 'i 11 .' igi .'�- i j ii z —tr. 0 1 li w 1 II IIHt II v 1! ��, - -�. a III it Li 111 [L_u.1] '�L�% 11 J l Ufa. a /d' Tc C16111� yS E.bijja Fb iml.„, } -- N30'15'WE 50.01' t State Highway 361 4— —219— T. I. E E g n$ 1q i $ C C E n� • ra e x g AA g2 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall October 27, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived at 5:31p.m * James Skrobarczyk Johnny R. Martinez Evon J. Kelly John C. Tamez Govind Nadkarni *Arrived at 5:34 p.m.* Mark Aflame *Left at 5:58 p.m* John Taylor *Arrived at 5:32 p.m.* STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Miguel S. Sedalia, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Andrew Dimas, City Planner Wesley Vardeman, City Planner Deborah Brown, Assistant City Attorney *Absent* Ashley Satterfield, Recording Secretary Si usted quiere dirigirse a Ia comision y su ingles es limitado, habra un interprete de espafiol a ingies en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:30 p.m. and a quorum was declared. III. PUBLIC HEARING AGENDA ITEMS B. PROJECT 1. Admirals' Row Planned Unit Development (PUD) Andrew Dimas, Development Services, presented Case No. 1010 -01 Admirals' Row Council of Co- owners. Staff recommends approval of the applicant's request, subject to seven (7) conditions. a. Case No. 1010-01 Admirals' Row Council of Co- owners: A change of zoning from the "AT" Apartment - Tourist District to the "AT/PUD -2" Apartment- Tourist/Planned Unit Development resulting in a change of land use from an apartment - tourist use to a planned unit development use. The property is described as 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, State Highway 361, Mustang Island, approximately 1.1 miles north of Access Road 2. Commissioner Skrobarczyk inquired whether the request for a change in zoning came from the property owners and Mr. Dimas responded yes the request was from the owners with one (1) owner in opposition. Commissioner Nadkarni asked if there was a specific reason for the owner's opposition and Mr. Dimas responded there was not a specific reason other than the owner felt a change of zoning was unnecessary. The public hearing was open. John Bell, Crown Castle, came forward and represented the property owners and stated the owners did not agree with the sidewalk requirements. -220- Planning Commission Minutes October 27, 2010 Page 2 Commissioner Skrobarczyk inquired about the easement leading to the beach access. Mr. Bell stated the easement provided ingress and egress from common areas for property owners. Mr. Bell stated there is a protective convenance among the owners. Chairman Garza inquired about the difference of staff's recommendation and a Cottage Housing District and Mr. Saldana answered the difference was cottage housing would not include some of the current housing units due to location of the common area. Juan Perales, Assistant City Manager, stated the cottage housing district targeted smaller housing units. Vice - Chairman Huerta asked if the one (1) property owner in opposition had been contacted and Mr. Bell responded the owner was contacted and the owner's approval was needed for the project to move forward. Vice - Chairman Huerta asked about the characteristics of the three (3) empty lots and Mr. Bell stated the property owners must build to a footprint that allows uniformity within the community. Commissioner Skrobarczyk commented on the future land use within the community, such as light retail. Commissioner Skrobarczyk expressed concern about the condominiums shifting to private ownership, considering "AT" Apartment - Tourist potential future uses may pose more of a battle for the residents. Mr. Bell stated one of the restrictions of the PUD was a maximum limit of eighteen (18) single - family homes. The public hearing was closed. Motion to approve staff s modified recommendation by eliminating the sidewalk requirement was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously. b. 1010082 -NP039 (10- 21000016) Admirals' Row, P.U.D. (Final — 8.658 Acres) Located north of Sea Way Drive between State Highway 361and the Gulf of Mexico. Motion to approve the Admirals' Row, P.U.D. final plat was made by Commissioner Martinez and seconded by Commissioner Taylor. Motion passed unanimously. —221— Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ADMIRALS' ROW COUNCIL OF CO- OWNERS, BY CHANGING THE ZONING MAP IN REFERENCE TO 8.658 ACRES OUT OF THE J.W. WATERBURY SURVEY NO. 596, ABSTRACT 408, LAND SCRIPT 167, LOCATED BETWEEN STATE HIGHWAY 361 AND THE GULF OF MEXICO, APPROXIMATELY ONE (1) MILE NORTH OF ACCESS ROAD 2, FROM THE "AT" APARTMENT - TOURIST DISTRICT TO THE "AT /PUD -2" APARTMENT - TOURIST DISTRICT WITH PLANNED UNIT DEVELOPMENT -2 (PUD -2), NOT RESULTING IN A CHANGE OF LAND USE, BUT SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Admirals' Row Council of Co- owners, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 27, 2010, during a meeting of the Planning Commission, and on. Tuesday, December 7, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State High Way 361 and the Gulf of Mexico, approximately one (1) mile north of Access - Road 2, from "AT" Apartment - Tourist District to "AT /PUD2" Apartment - Tourist District with Planned Unit Development -2 (PUD -2), not resulting in change of land use, but to provide for the uses of the "AT" Apartment Tourist District and to allow for the design capabilities of the Planned Unit Development (PUD) section of the Zoning Ordinance, creating sixteen single - family residential lots and one common area with a facility maintenance building, subject to a site plan (Exhibit A), and eight (8) conditions. (Exhibit B —Planning Commission and Staff Recommendation) (Zoning Map 022037). H:1 LEG- DIR\Shared\LEGAL- DEV.SVCS12010 Agenda112- 7- 101Adminerals' Row Council of Co- owners \ORD.Zoning Case No.1010- 01.(AT) to (AT- PUD- 2).Final.doc —222-- Page 2 of 4 SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. Uses: All uses allowed in the "AT" Apartment- Tourist District, plus the establishment of a Planned Unit Development -2 (PUD -2), consisting of the existing sixteen single - family residential lots and a common area with a facility maintenance building as per the provided site plan. 2. Lot Size: No lot size shall be less than 5,418 square feet as per the attached site plan. 3. Private Driveway: The minimum private driveway width shall be no less than 20 feet as per the attached site plan. 4. Lot Frontage: Lot frontages shall be consistent with the approved plat and any new lots shall be constructed at the required 50 feet of lot frontage. 5. Side Yards: Side yards shall be consistent with the approved site plan and consistent with all applicable code requirements. 6. Front Yards: Front yards shall be consistent with the approved site plan and any new lot shall provide a 20 foot front yard setback. 7. Sidewalks: Sidewalks are not required. 8. Time Limit: Such Planned Unit Development -2 (PUD -2) shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in the above listed conditions of this ordinance. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:1LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda112- 7- 101Adminerals' Row Council of Co- owners\ORD.Zoning Case No.1010- 01.(AT) to (AT- PUD- 2).Final.doc -223- Page 3 of 4 SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to form: This 23rd day of November, 2010 eborah Walther Brown Assistant City Attorney For City Attorney H: 1LEG- DiRlSharedlLEGAL- DEV.SVCS12010 Agenda112- 7- 101Adminerals' Row Council of Co- ownerslORD.Zoning Case No.1010- 01.(AT) to (AT- PUD- 2).Finai.doc —224— Page4of4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: ILEG- DIR1SharedILEGAL- DEV.SVCS12010 Agendal12- 7- 101Adminerals' Row Council of Co- ownerslORD.Zoning Case No.1010- 01.(AT) to (AT- PUD- 2).FinaIdoc —225— fjg l 2 kwg111 wws I ▪ ``� .�i 11 j 1111 111 a ♦���� �}! t 1111 $ 11 1111 1 111 pi .4.-11: 1111 :11 111E nE1 JPI - . rot 4-1.1111 �i� :::, 1 1111 In ;�F� 1 1111 1iil 1 1 1111 I 1111.1 ! 111111 1 111 :C..% 1 1111 it �� ►' 1 1111 � I MI �p . ▪ .• . ��� 1) 1111 r �� 1 ..▪ *&--=-71-4/ � " Id gi rs ; 1- fz. i x 14 ;14 ill !kg r i JI If; I f s Fel Eli itt la ss & � ■ II all 83� i1 ais �fj T t£=; IIR $ lie T 411 ii!K �ii . g. i III ;[1 a- � m it f -7 III fit ` a' ° k1: g ' r ;t D if i -I i "1 I ill !- j gF =r i it ;f i. T T rt 11 Ft t 01 L Y v y r !Pi r id 7 q _ if 3 it S "fr s 5x an if eri f n :lip 4 1 ItIr qg i n gigs >r4 ; 1 rtn IRE r f fat 3 Ira `� -226— • V 0.11. of Iligae EXHIBIT A A*6parvdAr: SF R ps Dean Wrr ceNT EV .erirSleVe CASE: 1010 -01 EXHIBIT B PLANNING COMMISSION STAFF RECOMMENDATION FROM: AT TO: AT/PUD-2 ORDINANCE N. IS EJECT oir 01. 'LOCATION Aft, AP -227- Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 16 AGENDA MEMORANDUM City Council Action Date: December 7, 2010 SUBJECT: South Guth Park Ball Field Relocation — Scoreboards and Bleachers Project No. 33371 CIP No. PR 07 Paul Jones Avenue & Holly Road Extension (Project No. E10149) AGENDA ITEM: A. Motion approving the purchase of thirteen (13) electronic scoreboards from Spectrum Corporation, Houston, Texas for a total amount of $87,241. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The scoreboards are for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue. B. Motion approving the purchase of thirty -nine (39) sets of bleachers with shade structures from T. F. Harper, Austin, Texas for a total amount of $562,681.50. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The bleachers are for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue. C. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay Ltd of Corpus Christi, Texas in the amount of $804,951.41 for the Paul Jones Avenue Holly Road Extension Project for the Base Bid plus Additive Alternate No. 2 and Additive Alternate No. 3. ISSUE: The first two items provide for the purchase and manufacturer's installation of thirteen (13) electronic scoreboards and thirty -nine (39) bleachers with shade structures for the thirteen (13) ball fields located at the new South Guth Sports Field Complex on Paul Jones Avenue, which is currently under construction. The materials will be purchased and installed through the Texas Buy Board. City Staff is recommending the award of a construction contract for the Paul Jones Avenue and Holly Road extensions to improve local traffic circulation, access to the new sports complex, access to the recently completed Bay Trail and future development of the new Oso Interpretive Park. The Paul Jones Avenue work will construct a new road section with drainage to extend Paul Jones Avenue from Moffett Drive to Holly Road. This construction contract also includes milling and surface preparation of a new 2" HMAC overlay for the existing section of Paul Jones from SPID to Moffett Drive. The Holly Road work includes reconstruction and widening to extend Holly Road approximately 400 If to the new Paul Jones intersection. H:IHOMEILYNDASIGETLSPARKSISouth Guth Ball Field RslocationlPaul Jones bleachers\MEMO.doc — —231 Additional work includes lighting upgrades for public safety and transportation to be funded through the City's Traffic Engineering department. The resurfacing of the existing Paul Jones Street section includes restoring traffic calming measures (speed humps) to this section of roadway. FUNDING: Funding is available from the Parks and Recreation Tax Note CIP Fund, Street Bond 2004 interest proceeds and Water CIP. RECOMMENDATION: Staff recommends approval of the motions as presented. Michael Morris Director of Parks and Recreation 361 -826 -3464 michaelmo@cctexas.com Pete Anaya, P.E. Director of Engineering Services 361 - 826-3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation — Scoreboards and Bleachers Exhibit "C -1" Bid Tabulation -- Paul Jones /Holly Road Extension Exhibit "D" Project Budget Exhibit "E" Location Map Exhibit "F" Recommendation Letter H:INOMESLYNOASSGENIPARKSLSouth Guth Ball Field Relocation\Paul Jones bieansNyfiEMO.doc BACKGROUND INFORMATION SUBJECT: South Guth Park Ball Field Relocation -- Scoreboards and Bleachers Project No. 3337 / CIP No. PR 07 Paul Jones Avenue & Holly Road Extension (Project No. E10149) PROJECT DESCRIPTION: This work is part of the relocation of the South Guth Park sports field complex from Ennis Joslin to the new site along Paul Jones Avenue. Scoreboards and Bleachers: The proposed contracts will provide for the purchase and installation of the equipment through the Purchasing Department. The equipment will be purchased through two separate Buy Board contracts, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAG) and abides by all Texas statutes regarding competitive bidding requirements. Street Improvements: The project was developed with a Base Bid and Alternates. BASE BID: The base bid will construct a new road section to extend Paul Jones Avenue from Moffett Drive to Holly Road and includes milling and surface preparation of the existing section of Paul Jones Avenue from SPID to Moffett. Specific work consists of approximately 635 square yards of roadway excavation, 4,143 square yards of flexible base, 10,902 square yards of asphalt milling 0 " -2 ", 3,909 square yards of seal coat, 14,810 square yards of 2 " -HMAC and approximately 1,090 square yards of full -depth pavement/base repairs with 625 linear feet of concrete curb & gutter. Utility improvements include removal and relocation of 1,055 linear feet of 8" PVC water line and associated fittings, fire hydrant assemblies, 56 linear feet of 6'x3'concrete box culvert, and 2,800 cubic yards of drainage ditch excavation with new wing wall. All improvements will be ADA compliant and in accordance with the plans, specifications, and contract documents. DEDUCTIVE ALTERNATE NO. 1: allows for City Street Department to provide the final 2" HMAC surface treatment for the required 14,810 square yards. ADDITIVE ALTERNATE NO. 2: provides for installation of 1,182 linear feet of 18 " -36" RCP with grate inlets to reduce the size and overall maintenance of the roadside ditch. ADDITIVE ALTERNATE NO. 3: provides for additional compensation for an accelerated construction schedule to complete the project in 70 calendar days in lieu of the proposed 90 calendar day construction schedule. EXHIBIT "A" Page 1 of 3 H:IHOMEILYNDASIGENIPARKSISauth Guth B4 Field RelocationlPaul Jones ble23ache IBACKGROUND.DOC 3— The City Gas Department is relocating an existing 2" gas pipeline as part of the project. The City Staff is also coordinating with local utility franchises to relocate existing timber power poles and cables and provide general lighting improvements (AEP, AT &T and Grande Cable). BID INFORMATION: On November 11, 2010, the City received proposals from four (4) bidders (see Exhibit °C" Tabulation of Bids). The bids range from $691,640.61 to $952,519.09 for the Total Base Bid. The estimated cost of construction is $833,500 for the Base Bid. RECOMMENDATION: The City's consultant, LNV Engineering, Inc. and City staff recommend a contract be awarded to Bay Ltd. in the amount of $804,951.41 for Paul Jones Avenue and Holly Road Extension Project for the Base Bid plus Additive Alternate No. 2, and Additive Alternate No. 3 (see Exhibit "F" Recommendation Letter). PROJECT FUNDING: Due to age of the bonds and substantial completion of the 2004 Bond Election, staff recommends the 2004 Street Bond interest proceeds and savings from completed bond projects be used to finance the South Guth Ball Field Relocation project. This use for the Street Bond interest proceeds was approved by Bond Counsel. Funds for the water line work are coming from the Water C1P program. CONTRACT TERMS: This work to complete the purchase and installation of the scoreboards and bleachers is anticipated to be complete by March 1, 2011, in time for the spring season. The street improvements are estimated to require approximately 70 calendar days, with completion anticipated in March 1, 2011. BACKGROUND: The South Guth Field Sports Complex construction contract was awarded to Barcom Commercial, Inc. for $6,319,275.00 in September 2009. The construction was planned for 250 calendar days and is now approximately 85% complete. Completion is anticipated in January 2011. The city's consultant is Naismith Engineering. The construction includes site preparation and demolition of existing structures for the construction of thirteen new ball fields with three concession stands with restrooms, dugouts and scorekeeper boxes, fencing, seeding and irrigation, sidewalks, parking and access roads, underground lighting circuits, practice batting cages, storage buildings. Additional work will include necessary underground utilities, building electrical /mechanical systems, storm water retention pond and site improvements, landscaping and miscellaneous items. H:IHOMEILYNDAS \GENlPARKSASouth Guth Batt Field Relocatlon1Paul Jones ble s \AGKGROUND.DOC EXHIBIT "A" Page 2 of 3 This project is a result of the City's property transfer adjacent to the Oso Wastewater Treatment Plant and South Guth Park to support expansion and growth of the Texas A &M University Corpus Christi. There are three leagues with 12 existing sports fields and a neighborhood park at the South Guth Park. The City Council also approved construction of a 13th ball field for City and League use.. The City allocated $7.5 Million to purchase a tract of land along Paul Jones Avenue to relocate the park and functions. Various properties were considered as well as multiple configurations of the new sports field complex. All considerations were presented and coordinated with the leagues and key stake holders. The project is being coordinated with other projects including the Bay Trail joint CityITxDOT project which provides a 10 -foot concrete trail across the new complex connecting the future regional park and local community from Decatur Street along Paul Jones to Holly Road and east to the shoreline. This site along Paul Jones was approved by City Council including purchase of land from three property owners and an additional CCISD property for approximately 2.25 acres that adjoins the property. The design for this project was completed by Architect -TKO and Naismith Engineering. The design was coordinated with the leagues to maximize the experience of play for our families, maximize space utilization and park access. The new fields and all facilities will be modern fully compliant with all codes, ADA accessibility and meet national standards governing youth and little league baseball, and kickball. The existing neighborhood park in the South Guth Park will be relocated within the adjacent local community in the April / May 2011 timeframe. EXHIBIT "Af7 Page 3 of 3 HAHOMMYNOAS4GBNIPARKSISauth Guth Bali Field Relocation\Paul Jones blea�hgrs AGKGROUNO.DOC PRIOR PROJECT ACTIONS SUBJECT: South Guth Park Bali Field Relocation — Scoreboards and Bleachers Project No. 33371 CIP No. PR 07 Paul Jones Avenue & Holly Road Extension (Project No. E10149) PRIOR COUNCIL ACTION: 1. September 25, 2007 - Public hearing regarding South Guth Park land transfer to Texas A &M University- Corpus Christi for university expansion. 2. September 25, 2007 - Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A &M University - Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Resolution No. 027432) 3. October 16, 2007 - Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M- University System for the Benefit of Texas A &M University - Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (Ordinance No. 027451) 4. December 11, 2007 — Resolution determining a public necessity to acquire fee simple title to the surface estate only to three parcels of land for a ball field relocation project known as the South Guth Park Ball Field Relocation Project, from the owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy Shockley, et ux (Parcel 3), for the public purpose and use as a ball field park and for other related park purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (Resolution No. 027521) 5. December 18, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one -half of Lot 12, Section 31, Flour Bluff & Encinal Farm & Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Ball Field Relocation Project. (Motion No. 2007 -327) 6. Mav 20, 2008 — Ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000; approving sale of tax notes, providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof, and ordaining other matters related thereto. (Ordinance No. 027708) (Schedule 1 of the Note Purchase Agreement lists a total of $7,500,000 as being for the South Guth Ball Fields Relocation Project. 7. November 11, 2008 - Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1 ,900 in closing costs and an additional amount of $22,500 for relocation assistance to cover moving costs and incidental expenses in connection H:SHOMEILYNDASSGENIPARKSISouth Guth Hall Field RelocationiPaul Jones bleachers MGR ACTIONS.doc EXHIBIT "B" Page 4 of 3 with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 3, described as "Peary Place Annex B" (0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for the South Guth Park Ball Field Relocation. (Motion No. 2008 -288) 8. January 20, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in the amount of $173,400 for a restated fee of $181,620 for the South Guth Park Ball Field relocation to a tract located on Paul Jones Avenue for design, bid, and construction phase services. (Motion No. 2009 -016) 9. April 21, 2009 — Motion authorizing payment of the Special Commissioners Award in the amount of $380,000 in connection with condemnation of Parcel 2, owned by Vickers Family Trust, for fee simple property rights to 7.197 acres of land located along the west side of Paul Jones Avenue, approximately one- quarter mile southeast of South Padre Island Drive, necessary for the South Guth Park Ball Field Relocation Project and for other related public purposes. (Motion No. 2009 -100) 10. September 15, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial Inc., of Corpus Christi, Texas in the amount of $5,044,754 for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue, for the Base Bid, Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1. (Motion No. 2009 -257) 11. February 16, 2010 — Motion authorizing the City Manager or his designee to execute a Texas Buy Board Contract with Musco Sports Lighting, LLC, of Round Rock, Texas, in the amount of $887,500 for the South Guth Park Ball Field Relocation -Sports Field Lighting project. (Motion No. 2010- 034) PRIOR ADMINISTRATIVE ACTION: 1. July 17, 2007 - City Council Presentation by City Manager George K. Noe and Dr. Flavius C. Killebrew, President of Texas A &M University - Corpus Christi on the Texas A &M- Corpus Christi Expansion project. 2. July 12, 2007 - Administrative approval of a wetlands determination, Phase 1 environmental site assessment and threatened /endangered species survey in the amount of $23,960 by LNV Engineering of Corpus Christi, Texas. 3. December 4, 2007 — Administrative approval of an architectural contract with Terry K. Orf, ArchitecTKO, of Corpus Christi, Texas in the amount of $8,220 for study of project scope, economic and technical evaluation of the South Guth Park Ball Field Relocation project. 4. December 7, 2007 — Administrative approval of a land surveying contract with Frontier Surveying of Corpus Christi, Texas in the amount of $19,900 for a land acquisition boundary survey. 5. May 1, 2009 — Administrative approval of a geotechnical testing agreement with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $7,400 for the South Guth Park Ball Field Relocation project. 6. March 9, 2010 — Administrative approval of Change Order No. 1 to the construction contract with Barcom Commercial Inc., of Corpus Christi, Texas in the amount of $10,635.61 for the South Guth Park Ball Field Relocation project. 7. March 22, 2010 — Administrative approval of a construction materials testing agreement with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $25,227 for the South Guth Park Ball Field Relocation project. H:hHOMESLYNOASIGEN4PARKS \South Guth Ball Field Relocatian1Paul Janes bl2tAe7shPRIOR ACTCONS.doe EXHIBIT "B" I Page 2 of 3 8. June 10, 2010 — Administrative approval of Change Order No. 4 to the construction contract with Barcom Commercial Inc., of Corpus Christi, Texas in the amount of $6,774.80 for the South Guth Park Ball Field Relocation project. 9. June 28, 2010 — Administrative approval of Change Order No. 2 to the construction contract with Barcom Commercial Inc., of Corpus Christi, Texas in the amount of $24,926.88 for the South Guth Park Ball Field Relocation project. 10. June 28, 2010 -- Administrative approval of Change Order No. 3 to the construction contract with Barcom Commercial inc., of Corpus Christi, Texas in the amount of $21,510.81 for the South Guth Park Ball Field Relocation project. 11.August 9, 2010 — Administrative approval of Ratification and Amendment No. 1 to the construction materials testing agreement with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $6,315 for a total restated fee of $31,542 for the South Guth Park Ball Field Relocation project. 12.October 21, 2010 — Administrative approval of a small architect/engineer consultant contract with LNV Engineering in the amount of $49,550 for the Paul Jones Avenue — H.olly Road Extension Project. H:WOME4LYNOAS\GEN\PARKSSSouth Guth Bell Field Relocation\Pevf Jones b—legia§RTOR ACT1ONS.doc EXHIBIT "B" Page 3 of 3 0 0 z �Oz❑ O 2 co > J ❑ W cc ova 0 o_ co z 0 0 z 2 d. ~ m�a 000 000 t Q co co CO N N l9 N- 0 0 O 000 ci 0 o CNi 00(D cQ LC) C7) T CO N 0 00 I o 0 4 H L[) M 4 T co In co 0 OO Oo Lo oo 0o0) Oco �.:ir 100 (0 ro C c� 0- cc; co co co w M 0 CO O N T 0 . N co co co co C00 M C�? • (Y7 N Ea- • o o O o N 0 z 0 � N r D W 1- ,00n0 oo,� w 00 r r N r T r r N r- CV) s9 (R N O ) 3 a N 0 > .-, 7 .- 0 C L L G) 0 W E= o W rn . N o 0 v moo ` _ Q s) - 0 u) n O C D C U O O C To so co LU Ili LLI ot3 •-' To o o N a v co U J J J G (0 (G C x 0. Cr) X Q (+� C b CD U U f� C o m m CCU O CN_ 5 co N 0 O t O O U c� US ti 50 In w m O rn Q N N r r U N O CO ❑ N r o N 0 0_ = O a= 0 0 o wasw�`����33��� �a��oc'`c�a 0 0 0 0 2 0� o o o so a) 0 n� � acc o c 2220 ,-m. Y2 °c ca. cci.�mo co �m co a)n c 0wU2i!_UZdm ca Gu} Q O > 0 CO C0 y 7° O 1 D) O 0 0. Q. C. 7 0 0 aT "= —"" O of L1 L N N— N N d o) s!) 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M m- 4/1. va 0a r°V lit 14 1h +n m n 14 u°), N. +n 0 N M 1n 0 0) N 7 m a H w m m m 01 N w 4 44 1h m o S N m 61. ry 0 vi 12 V1 N VY 41 0 m N 1n N N 1n an co 191 N to 0 40 +h 01 (1) H N O d ti N m 14 " 1.13. e1 9494 N1.4 M m 1h 1c 12 W 1h o O 8) N 0 N N al •"I N ry w m ancd 1n N- 6 iR 12 m :N W 4 61 01 an N 4 0 ID n -1.4 01 4040111 0. N ^ IV M ea ea 7 N 0 0 R 44 8 us 0 tral O 9 1a 01 m 1n 1n O 8 n N 0 m N O N 131 8 IU In 0 Vh 8 N H N .4 12 t n. N N 16 O 0 ▪ n N N N N 11) 14 1n I0O N ro 8 Oo0 v 8 ih 0 N N VF oQ0 v N +n 0 9.4 0 W 0 N 40 N 4-1 N N 0 0 N n1 91. 4 O m ti Vl 0 0 ti 1h 0 8 e1 4.4 pN W N co an sa 8 0 S71, a v 2 12 0 Sri 00 0 4, oo, w 8 8 8 n 4, ID 00 w m w 0 40 [V w 8. 8 0. 8 °0 00 oti co 40 co 0°00 o 0 0a 0m w9 0 W 0 12 ars CI 0 6 6 Q U 0 0 z Fti W z co2 Q 2 W 0 4 W 2 U z ❑ 0 ID m 0 w m 0 x z a QJ Z a 0 ❑ y 8 N w U m N U 1r) M 6 J J A rn 1n N N 0 U 6 N 0 V W 0. 0. W 0 0 U W❑ U 0 z W 6 JJ Q a a a Q Q ,tr to- OH: • N m 1- ,- J ID 4 6 CO Q 6 W U 3 0 2 to O J 0 O U Z O 0 0.' pW 40 N cD z ❑ w DZ c w W z 0 z 7g J WW Ua 0 to- 0 o o Ci 111 U-I CC t 0 co [7 co 8 Exhibit C-1 ea H In Vl a cr U) 0. 0. ca 00 u. OV i= I z za mUJ Z u. CD Z W O h z W a. a J. Carroll Weaver, Inc. P.O. Box 1391 Sinton, TX 7838743 TOTAL PRICE o VF m VT o Vy ° o IL of N W 00.000"Y $ 00'EZO'T $ 00'090`8 5 n m N ui w N I I W w V! ONi W m ry Vt V} 01 1� N `i V! VF °o °o o 000 1p tri VT V} u 01 IN�' N IPARTC- WATER IMPROVEMENTS $ 26,375.00 $ 3.900.00 °o ° .4 00 n' ad VF V) _ $ 5,800.00 5 527.50 N VF N V) VY VF Vf H ti OF 0010 m V} 00 $ 2.50 $ 550.00 $ 1,200.00 00'OOZ'T $ p 'N p *4 Vf $ 7,100.00 $ 4,300.00 $ 580.00 $ 0.50 wNi p N V1 VF �°n 7 VF V! u°� .N-•i V! N p VF UNIT PRICE l[i N n VF V} N m V1 Vf ..1 .f Oa °o V} VF V! .m. VS Q °a rV 4O hl VY *4 °o °o vi 1.�' N V! 09'89T`9 $ 09'LSS'V $ 00'085'5 $ IS 745.00 5 576.00 S0 m •-r - VF N ppo N VR Qp °q� Gi N Grace Paving & Const 4237 Baldwin Blvd Corpus Christl, TX 78405 TOTAL PRICE $ C VL Q .1 VF m IV N °m, H N Q N V1 °o, im1pp m V) N 56,367.781 ern V!� 0 N .i N udi, O ,OO D N VF $ 55,944.00 $ 1,470.00 $ 4,250.00 $ u1i ry Ile' f0 N V} $ 132,867.00 $ 12.80 $ -- - 62,184.50 $ 55.75 $ 15,375.00 $ 17.00 S 17,482.50 $ 5.60 $ 709.05 $ 490.00 $ 2,586.50 $ 850.00 $ 2,852.85 $ 850.00 L: 1h no £ eq N 00"0859$ 00'00I. 6$ 8tL'oloo`2�oo In 09 D N. W °O� 0 °o UNIT PRICE °o tri o° (0 °N�mowo •e .-i •a cd rci q rl �d a 'y +ri t7 Q m N *4 rA aG 01 +A Ln m ti o W N M M +pph N in V1 1.1 v [n .4 $ 706.00 $ 2,013.00 5 25,000.00 II 14 O N Garrett Construction Company • P.Q. Box 1028 ! Ingleside, TX 78362 TOTAL PRICE _ v VF 0� N OF ri N V) 1: N' 10 VF V1 $ 3,707.60 5 2,058.40 $ 6,579.50 Io N In VL w a 110 1.61 ma $5 57.05 $ 24.60 $ 1.75 5 236.35 $ 517.30 $ 950.95 $29.20 $1,503.30 1.41 l0 n c $669.50 $0.35 $14.60 $2,910.45 m (C m pp IO r w 8 0 UNIT PRICE O m 00 Iri V} N a 1414 ONO O .K ti $ 4.50 $ 33.20 $ 1,315.90 1111 K 88 lam+ N 01 Q M 1*0 $ 4,000.00 $ 10,000.00 00'000`E $ 00•S0S'14, $ 00'S9T'E $ 00'009'Z $ YO1 N wl N 4*0 I00'O1:Z'T $ 00'O06`T 5 8'. °0 8 V N ry ry .T,fi1 VF Bay Ltd P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE o° fpV l0 V) 8 O m !V V) (°�828o 00 Lq N VF .*-1 N m L0 I.1 00 N V) a0i 1� 0 O lf; I1 N •'� V) YY *4 oo m 0 m ,.wig N 0 n to N °a N c0 O -4 N opo°1°n N O 01 00 m ti N .R po 81°o/1� 0Np O n N T O .4 R1 n G ,ry N 00 d' rt! w V} Vppl VF .4p VI n $28.40 $28.00 w O ti ti n�m'In m N 19Q $4,000.00 $5,000.00 p ((0 O [yi ton`vi pN ltd p f9 pV0 8 UNIT PRICE 8 w 09'L$ 05.5$ $2.50 $25.00 $1,900.00 pN .- w B" PVC WATER LINE (C900 DR 18) B" GATE VALVE 30" x 8" TAPPING SLEEVE (HOT -TAP) FH ASSEMBLY WI 8"X8" TEE & 6" GATE VALVE B" - 45 DEGREE BENDS TRENCH SAFETY (WATER LINES) REMOVE EXISTING 8" ACP WATER LINE WATER LINE CONNECTION B" PLUG REMOVE EXISTING FIRE HYDRANT ADJUST EXISTING WATER VALVES WATER LINE PAVEMENT REPAIR MANDATORY ALLOWANCE FOR MISC. WORK TO BE NEGOTIATED AND AUTHORIZED BY ENGR. SUB -TOTAL PART (C1- C13):O IG & OVERLAY IMPROVEMENTS TYPE D HOT -MIX ASPHALT CONCRETE PAVEMENT (2") FULL DEPTH PAVEMENT/BASE REPAIR REMOVE & REPLACE CURB AND GUTTER MILLING 2" DEPTH ADJUST EXISTING GAS VALVE ADJUST EXISTING WASTEWATER MANHOLE ADJUST EXISTING STORM WATER MANHOLE SUB -TOTAL PART B (B1- B70 o n a o Z m D a a p REFLECTORIZED PAVEMENT MARKING TYPE I ITE) 12" (SOLID) (90 MIL) REFLECTORIZED PAVEMENT MARKING TYPE I (WHITE) 24" (SOLID) (90 MIL) .REFLECTORIZED PAVEMENT MARKER TYPE II -A -A REMOVE CONCRETE (6") REPLACE CONCRETE (6") ,REMOVE EXISTING 2" GAS LINE CURB RAMPS • SPEED HUMPS TYPE D HOT -MIX ASPHALT CONCRETE PAVEMENT 12) SUB -TOTAL PART A(A1 -A43 ): 111 1 `y pp1 of 01 !D of r ip LEI W © J W lE,l L1 J J 111 Ul W ilI N J ® W VJ ®8I W to pp1 01 l7 Y] m- O t7 N O ![w1 O N a+r r Q p LNV r e 0 (� 0 yO In 4 s- m F) m tq El 2 Q h f0 il m m. N O O U O r O O 5 N N ale h 6 m _ 6 1:110 ' Q a cri Ui m In a ib TOTAL BASE SID (PART A +B+C): Exhibit CA Page 2 of 4 *The highlighted areas indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section 8-2 -7 states, "The unit price shall govern over the amount." w N a a m M n w a E m a m m z I z 4 w ow F • N. 0 0 8 r » 4w U 0 a EL 0 2 en is a N ALTERNATE NO.1(DEDUCIIVE) - PAUL JONES/ HOLLY HMAC OVERLAY 1 N N » rn- cn b N W » W » N m en 4 r co CR 0, 8 m » » 8 v1 » C C N tit » 0 •Ui vl N » N » 8 a » » 0 0 to N ti » » » » 0 m h S ID m N » N » Z w w U z O U J 4 m x y <± XO g O O ❑ wN paw D1 Q czi J w a. a w W a: z 0 U ❑ U a: 0 z ru- m rq a y7 4 z 0 O 6 4 4 4 BID SUMMARY N m 2 sft 40 01 4/1 vs vs C a » » » ( 4 O N 06 N N » » 0 » 4 n U z x H -1 F a en n en W F- w v CO LC I - a 4 4 3C+ « N N 4 4 N N Z Z 4 D � a m 11 -- 11 11 Exhibit C -1 Paae 3 of 4 5 w X 0i co K A }$ F U a i TOTAL PRICE ai N w v} ui r� o ri N a en on eel in N m w o o n N m w al of vl ti m Vf vt °0 avyi ea N K o N m 0% Grace Paving & Comet 4237 Baldwin Blvd Corpus Christi, TX 78405 UNIT TOTAL PRICE PRICE $ 845,001A€ I 1G 00 0% N '0 Garrett Construction Company P.O. Box 1028 ingleslde, TX 78362 UNIT 1 TOTAL PRICE PRICE 1q vl al Oaa 10 vF 7 A N n 0] N m 1!] m N CO u} K n m o0p 10 0% +q t� V O N p N RQ OI 41% et n 01 q. M n +/a Bay Ltd P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE $ 732,906.61 N ti tn. Paul Jones! Holly Road Extension Project No. El 0149 a U N w A BB+ ALT 3: BB + ALT 2 +ALTS: BB +ALT 1+ ALT 2+ ALT 3: t -243�- Exhibit C -1 Page 4 of 4 *The highlighted areas indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price s Qty. Section B-2 -7 states, The unit price shall govern over the amount.' REVISED PROJECT BUDGET SOUTH GUTH PARK BALL FIELD RELOCATION December 7, 2010 FUNDS AVAILABLE: Revised Budget Tax Notes: Tax Notes authorized on May 20, 2008 (Ordinance No. 027708)$7,500,000.00 Sold at Premium 33,615.00 Interest Appropriated 137,188.83 Total Tax Notes...... 7,670,803.83 Additional Funds: Engineering Services 32,180.00 Park & Recreation Operations 11,314.00 Park & Recreation Trust Funds... 72,600.00 Park & Recreation Bond Funds 262,681.00 Street Bond Funds ...:..... 400,968.11 Total Additional Funds 779,743.11 TOTAL FUNDS AVAILABLE $8,450,546.94 FUNDS REQUIRED: Construction (Barcom Commercial, Inc.) $5,044,754.00 Contingencies (Six Change Orders) 110,684.30 Contingency Reserve......... 100,000.00 Site Preparation (Fox Tree & Landscaping) 12,500.00 Site Preparation (Ramos Construction) 80,550.00 Consultant (ArchitecTKO) 187,620.00 Pending Amendment for Additional Construction Time (est) 35,000.00 Consultant (LNV Engineering) (environmental /permitting) 23,960.00 Consultant (Frontier Surveying) 11,314.00 City Neighborhood Park Relocation. 60,000.00 Land Acquisition Costs 857,846.25 Land Acquisition Costs (CCISD Property) 72,600.00 Permit Fee 636.50 Reimbursements. 187,102.13 Testing (Rock Engineering & Testing Laboratory) 41,548.00 TCEQ Storm Water Permit.. 325.00 Electronic Scoreboards 87,241.00 Bleachers with Shade Structures 562,681.00 Misc. (Printing, Advertising, etc.) 5,743.09 Bond Issuance 26,503.48 South Guth Park Sports Field Lighting 887,500.00 Total...... $8,396,108.75 Project Balance Remaining: -244- $ 54,438.19 Exhibit D Page 1 of 2 FUNDS AVAILABLE: Revised Budget Street Bond 2004 Interest Proceeds $ 870,868.01 Water C I P 132, 549.00 Total Funds Available $ 1,003,417.01 FUNDS REQUIRED: Paul Jones to Holly Road Extension Construction Contract (Bay, Inc.) $ 804,951.41 Contingencies (10 %) 80,495.00 Design (LNV) 49,550.00 Testing... 8,500.00 Observation (3.5 %)... 28,173.30 Reimbursement (3.5 %) 28,173.30 Misc . 3,574.00 Total Project Expenditures $ 1,003,417.01 Exhibit D Page 2 of 2 -245- File : \ Mproject \councilexhibits\exh3337ee.dwg PROJECT LOCATION LOCATION MAP NOT 70 SCALE PAVEME FARMLAND PAUL JONES EXTENSION WITH STREET LIGHTING AND DRAINAGE HOLLY ROAD EXTENSION WITH STREET LIGHTING PROJECT #333T VICINITY MAP NOT TO SCALE SOUTH GUTH BALLFIELD RELOCA TION- SCOREBOARDS & BLEACHERS EXHIBIT "E" CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of I DATE: 10 -19 -2010 =MI MI UMW MN -246- al or 1111 SOLUTIONS TODAY WITH engineers I architects I contractors A VISION FOR TOMORROW December 1, 2010 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Re: Paul Jones Avenue / Holly Road Extension Project City Project No. El 0149 Construction Contract Award - Letter of Recommendation Dear Mr. Anaya: On Thursday, November 11, 2010, four (4) bid packages were received and opened for the above referenced project. None of these proposals contained mathematical errors. The proposal for this project consisted of the following: • Base Bid consists of approximately 635 square yards of roadway excavation, 4,143 square yards of flexible base, 9,990 square yards of asphalt milling 0 " -2 ", 3,909 square yards of seal coat, 13,899 square yards of 2 " -HMAC and approximately 1,090 square yards of full -depth pavement/base repairs with 625 linear feet of concrete curb & gutter. Utility improvements include removal and relocation of 1,055 linear feet of 8" PVC water line and associated fittings, fire hydrant assemblies, removal of an existing abandoned gas line, 56 linear feet of 6'x3'concrete box culvert, and 2800 cubic yards of drainage ditch excavation with new wing wall. The project also includes the following alternate bid items: 1. Alternate No. 1 (Deductive): allows for City Street Department to provide the final 2" HMAC surface treatment (material, labor and installation) for the required I3,899 square yards. 2. Alternate No. 2 Additive/Deductive); provides for installation of 1,052 linear feet of 30" RCP with five (5) post inlets to reduce the size and overall maintenance of the roadside ditch. 3. Alternate No. 3 (Additive): provides for additional compensation for an accelerated construction schedule to complete the project in 70 calendar days (from Notice to Proceed) in lieu of the proposed 40 calendar day construction schedule, The low bidder based on the Total Base Bid was Bay, Ltd. from Corpus Christi, Texas. The Total Base Bid amount is $691640.61. 801 NAVIGATION I SUITE 300 I CORPUS CHRISTI, TEXAS 78408 orFice 361.883.1984 I FAX 3t.8.1986 I WWWLNVINC.COM Mr. Pete Anaya, P.E. December 1, 2010 Page 2 of 3 The breakdown for the low bidder based on several different combinations of Base Bid (BB) plus the Alternates (Alt.) is as follows: Award Option Bid Amount Low Bidder BB: $691,640.61 Bay Ltd. BB + Alt. No. I: $584,479.32 Bay Ltd. BB + Alt. No. 2: $763,685.41 Bay Ltd. BB + Alt. No. 3: $732,906.61 Bay Ltd. BB + Alt. No. 1 + Alt. No. 2: $656,524.12 Bay Ltd. BB + Alt. No. 1 + Alt. No. 3: $625,745.32 Bay Ltd. BB + Alt No. 2 + AIt. No. 3: $804,951.41 Bay Ltd. BB + Alt. No. 1 + Alt. No. 2 + Alt. No. 3: $691,722.42 Grace Paving and Construction, Inc. I have received and reviewed from Bay, Ltd. the information required in Special Provisions A -28, A-29, and A -30. This information is enclosed for your review. Based on the information submitted for Special Provisions A -28, A -29, and A 30, Bay, Ltd. has the experience and resources to complete this project. Bay, Ltd. will use Highway Barricades , Soil Tech, Inc., Javelina and Basic Industries, Ltd. as sub - contractors on this project. The MBE participation goal for this project is 15% and the minority participation goal is 45 %. Bay, Ltd. will make every effort to pursue these goals. The bids received for this project were significantly under the Engineer's estimate and also the budget for this project. Based on the information submitted by the Contractor and evaluating the budget for the project, I recommend that the City award the following: • Base Bid + Alternate No. 2 + Alternate No. 3 in the amount of $804,951.41 to Bay, Ltd, In review of the expedited schedule for this project, I recommend that the City not award Alternate No. 1 which utilizes City forces to do the hot -mix overlay for the whole project. By not awarding Alternate No. I this forces the Contractor to finish the project completely prior to the grand opening for the new South Guth Ballparks on Paul Jones. Bay Ltd. is familiar with City of Corpus Christi projects and has assured us that Bay Ltd. has the workforce to complete the hot - mix overlay within this expedited schedule. LNV recommends awarding Alternate No. 2 & 3 if funding is available. Alternate No. 2 consists of the drainage improvements for the future build out of Paul Jones Avenue according to the City Master Plan (4 -Iane roadway). Alternate No. 3 consists of awarding an incentive to the Contractor for completing the project in 70 calendar days instead of the 90 calendar days allotted for this project. By awarding Alternate No. 3 this also includes the Contractor finishing the hot - mix overlay within the expedited schedule of 70 calendar days. It is also our recommendation that if the City does award Alternate No. 3 to the Contractor that the City try to expedite the award of this contract process in order to meet the March deadline for the grand opening of the ballparks (South Guth Ballparks). Also, enclosed is the project bid tabulation and Bay, Ltd. proposal form for this project. Please feel free to give me a call if you have any questions. -248- Mr. Pete Anaya, P.E. December 1, 2010 Page 3 of 3 Sincerely, LNV TBPE No. F -366 Antonio Saenz III, Project Manager Enclosures: 1. Response to Special Provisions A -28, A -29 & A -30 2. Bid Tabulation 3. Bay, Ltd. Bid Proposal CC: Jerry Shoemaker, P.E. — City of Corpus Christi —Engineering Services I:IPau[ Jones \I1 -13 -1© PAnaya Letter of Rccommendation.doc -249- 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/7/10 AGENDA ITEM: Resolution approving a Local Transportation Project Advance Funding Agreement for a Category 11 District Discretionary Funding On- System Project involving the construction of decorative lighting of the Harbor Bridge. ISSUE AND BACKGROUND: The Texas Department of Transportation (TxDOT), the Port of Corpus Christi (Port), and the City of Corpus Christi (City) have been collaborating on a project to illuminate the Harbor Bridge so that it will again be a prominent part of the Corpus Christi skyline and continue to remain a source of pride and distinction in our community. This project incorporates energy efficient and low maintenance Light Emitting Diode (LED) lighting technology and . represents a sustainability project in accordance with established Council goals. The attached Advance Funding Agreement designates the responsibilities of the Port, City, and TxDOT. The local sponsors (the Port and the City) will share equally in the design and project management costs estimated at $96,000 ($48,000 to each entity). TxDOT will install the lighting system as a change order to the current renovation project of the Harbor Bridge, at a cost of $1,268,000 to the State. In addition, the City and the Port will be responsible for the maintenance and operation (including electricity costs) of the lighting system; the total estimated cost for which is appx. $50,000 per year for a 10 year period until the next scheduled bridge maintenance project is to occur ($250,000 total to each entity). On November 9'h, the Port Commission approved the Advance Funding Agreement as well as a Professional Service Purchase Order with Naismith Engineering for the design and project management services related to this project. REQUIRED COUNCIL ACTION: Approval of the attached Resolution providing the City Manager Authority to Execute a three party agreement between the City, Port, and TxDOT. FUNDING: Staff is recommending appropriating the City's $298,000 cost share from the unappropropriated fund balance of the general fund. The General Fund Unreserved Fund Balance is estimated to be $28,000,000 at the end of FY 2010. General Fund appropriations for Fy 2010 was $196,468,000. Our policy states it is a goal of the City Council to maintain a reserve in the General Fund Unreserved Fund Balance of at least 10% of total annual General Fund appropriations. 10% of General Fund appropriations is $19,646,800 so we have an estimated $8,353,200 in excess of policy requirements. The policy states that any Unreserved Fund Balance in excess of the 10% may be recommended for expenditure on one -time improvements, deferred maintenance, lifecycle replacement, and/or capital items with a priority on infrastructure and equipment which will reduce the need for future debt or avoid future maintenance costs. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Advance Funding Agreement as drafted and reviewed by the parties and recommends approval of the attached resolution authorizing execution of the Advance Fundin . : = y'nt, y, a City Manager. Oscar Martinez Assistant City Manager oscarm a7cctexas. corn 361- 826 -3897 Attachments A. B. udy D. G lntergove r' ental Re l' s Director rudvcaCa7cctexas.com 361 - 826 -3082 Advance Funding Agreement LED Lighting Renderings of Corpus Christi Harbor Bridge --253— CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Category II District Discretionary Funding OnAvs.tern Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State ", and the City of Corpus Christi (City), and the Port of Corpus Christi (Port), each acting by and through its duly authorized officials, hereinafter jointly called the "Local Governments." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with Local Governments; and WHEREAS, federal and state laws require Local Governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 111335, authorizing the State to undertake and complete a highway improvement generally described as the installation, operation and maintenance of decorative lighting on the Harbor Bridge, US 181, on- system project and, WHEREAS, The Local Governments will be solely responsible for the operation and maintenance of the decorative lighting and, WHEREAS, the Governing Body of each Local Government has approved entering into this Agreement by resolution, dated for the Port and dated for the City, respectively, which are attached hereto and made a part hereof as Attachment "A" for construction; maintenance and operation of decorative lighting of Harbor Bridge at the location shown on the Map in Attachment "B ", attached hereto and made a part hereof, hereinafter referred to as the Project. AFA -AFA LongGen Page 1 of 11 Revised 10 -11 -10 - 254- -- CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20/05 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work is described as the installation, maintenance and operations of decorative lighting on the Harbor Bridge, US 181. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Governments for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority is formally issued. If either of the Local Governments will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government(s) must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Governments Project Procedures Qualification for the Texas Department of Transportation. The Local Government(s) shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government(s) or an employee of a firm that has been contracted by the Local Government(s) to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government(s) has not designated a qualified individual to oversee the Project. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local AFA -AFA LongGen Page 2 of 11 Revised 10 -11 -10 —255— CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09$00 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 Government(s) is due funds for expenses incurred, these funds will be reimbursed to the Local Governments) on a cost basis. d. Each of the Local Governments will be equally responsible, fifty percent (50 %) per Local Government, for all non - federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, each of the Local Governments will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal each Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, each the Local Governments shall remit their remaining financial share for the State's estimated construction oversight and construction cost. f. In the event that the State determines that additional funding by the Local Governments is required at any time during the Project, the State will notify each Local Government in writing. Each Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Whenever funds are paid by the Local Governments to the State under this Agreement, each Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. h. Upon completion of the Project, the. State will perform an audit of the Project costs. Any funds due by either of the Local Governments, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement_ i. The State will not pay interest on any funds provided by the Local Governments. j. If a waiver has been granted, the State will not charge the Local Governments for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Governments prior to completion of the project. k. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAG §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. I. If either of the Local Governments are an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or AFA -AFA LongGen Page 3 of 11 Revised 10 -11 -10 —256— CS.1 #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20/0.5 investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. n. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Governments in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties; b. the Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or c. the Local Governments elect not to provide funding after the completion of preliminary engineering, specifications and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Governments agrees to reimburse the State for its reasonable actual costs incurred during the Project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50 %) per Local Government, for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Governments failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Governments will not be reimbursed with federal or state funds for the cost of required utility work. The Local Governments must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Governments shall provide, at the State's request, a certification stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA -AFA LongGen Page 4 of 11 Revised 10 -11 -10 —257— CSJ 40101-06-105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The State is responsible for the cost of any environmental problem's mitigation and remediation_ c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The State shall provide written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government, known as the Port, has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the special specification and special provisions related thereto." For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. AFA -AFA LongGen Page 5 of 11 Revised 10 -11 -10 —258— CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, each of the Local Governments will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Governments. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (5 0%) per Local Government, for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Governments: City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 AFA -AFA LongGen Page 6 of 11 —259— Revised 10 -11 -10 CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CEDA # 20.205 Local Governments: Executive Director Port of Corpus Christi P.O. Box 1541 Corpus Christi, TX 78403 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Any of the parties may change the above address by sending written notice of the change to each of the parties. Any of the parties may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other parties. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision_ 16. Responsibilities of the Parties The State and the Local Governments agree none of the parties are an agent, servant, or employee of the other parties and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by either of the Local Governments shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Governments. At the request of the State, the Local Governments shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement, When required, the Local Governments shall furnish the State with satisfactory proof of this compliance. AFA- AFA_LongGen Page 7 of 11 Revised 10 -11 -10 —260— CSJ 40101-06-105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Governments, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Governments, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and if either of the Local Governments is performing any work, either directly or through a contractor, it must comply with the following provisions. If any of Local Governments are receiving ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. AFA -AFA LongGen Page 8 of 11 Revised 10 -11 -10 —261— CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA -1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Governments). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. Whenever funds from the American ARRA are distributed to either of the Local Governments, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A -133, and separately identify any ARRA expenditures for Federal Awards. AFA -AFA LongGen Page 9 of 11 Revised 10 -11 -10 —262— CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20105 24. Civil Rights Compliance The Local Governments shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 26. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged /Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, neither of the Local Governments certify that they are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b, If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatories for the Local Governments shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. AFA -AFA LongGen Page 10 of 11 Revised 10 -11 -10 —263— CSJ #0l0l -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CEDA it 20.205 By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Insurance If this agreement authorizes either of the Local Governments or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shalt cease immediately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in triplicate counterparts. AFA- AFA_LongGen Page 11 of 11 Revised 10 -11 -10 —264— The City of Corpus Christi Name Printed Name Title Date The Port of Corpus Christi Name Printed Name Title Date CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA -AFA LongGen Page 12 of 11 Revised 10 -11 -10 —265— CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT A Resolution or Ordinance Page 1 of 1 —266— Attachment A CS.J #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT B Location Map Showing Project Page 1 of 1 -267- Attachment B CSJ #0101-06-105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT B -1 Location Map Showing Project Page 1 of 1 —268— Attachment B CSJ #0101 -06 -105 District # 16- Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT C BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILITIES The installation of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Discretionary Funds in the amount of 1.2 million. The Local Governments, at no cost to the State, will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once installed. The cost for the design work, including furnishing plans will be the responsibility of the Port and the City then will reimburse the Port for half of the cost of the work. Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System Construction 1,700,000 1,200,000 250,000 250,000 Engineering (PE) 48,000 48,000 Total Cost 1,700.000 1,200,000. 298,000 298,000 Direct State Cost (4 %) 68,000 68,000 Indirect State Cost Total P roject Cost` Page 1 of 1 —269— Attachment C RESOLUTION APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A CATEGORY 11 DISTRICT DISCRETIONARY FUNDING ON- SYSTEM PROJECT INVOLVING THE CONSTRUCTION OF DECORATIVE LIGHTING OF THE HARBOR BRIDGE. WHEREAS, the City of Corpus Christi (City) is interested in participating in the decorative lighting project for the Harbor Bridge on State Highway 181 over the Corpus Christi Ship Channel; and WHEREAS, state funding has been approved for this project; and WHEREAS, City previously entered into a Master Agreement Governing Local Transportation Project Advance Funding Agreement and Amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation (TxDot) for the administration and management of the planning, design and construction phases of its transportation related projects; and WHEREAS, City wishes to enter into a Local Transportation Project Advance Funding Agreement, a copy of which is attached hereto, with the State of Texas, Acting by and through TxDot for the oversight of the City's portion of the administration and management of the planning, design, construction and maintenance phases of Harbor Bridge lighting project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City hereby approves the Local Transportation Project Advance Funding Agreement for the Harbor Bridge lighting project; and SECTION 2. That the City Manager, or designee, is authorized to execute said agreement which is attached hereto as an Exhibit. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of November, 2010. Carlos Valdez City Attorney Corpus Christi, Texas of , 2090 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet -289- 9 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/7/2010 AGENDA ITEM: RESOLUTION AUTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, INC. (STAP) TO NEGOTIATE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH THAT IS LOWER THAN CONTRACT RATES FOR 2011 -2013, SAID EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018; AUTHORIZING STAP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF STAP TO EXECUTE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2011 OR AS SOON AFTER FINALIZATION OF A CONTRACT AS POSSIBLE; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH STAP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018 ISSUE AND BACKGROUND: In October of 2008, City Council approved a resolution committing the City of Corpus Christi to continuing our relationship with the South Texas Aggregation Project, Inc. (STAP) and its coalition of 52 member cities for the purchase of electricity for a 5 -year term. At that time, volatility in the natural gas markets was of utmost concern and locking in a contract that gave cities certainty and the ability to budget for this commodity was the primary priority and we were able to negotiate a good price based on the market conditions at that time. We are now at the end of the second year of a five -year agreement, which ends in 2013. This resolution seeks to extend our current contract out five -years to 2018 at a reduced cost, which we would gain the benefit of beginning in 2011. The concept is referred to as a "blend and extend" contract. What we have seen since the beginning of the STAP contract is natural gas prices decline due to supply increases associated with the Barnet Shale in and around the Dallas -Fort Worth area and other sources. This year, we have been in discussions with our wholesale provider, Next Era, to capture some of the savings associated with the current natural gas prices and its impact on the market price of electricity in Texas. Please see the attached memo from Geoffrey Gay, Legal Counsel to STAP, which provides background on this issue of a "blend and extend" contract. Our wholesale provider has proposed to liquidate our existing natural gas hedges and sign new futures contracts through 2018, which will allow for us to capture additional savings on our current price of electricity. What that means for the City of Corpus Christi, is a savings of up to and likely over 1 cent per kWh off of our existing contract rate. Based on an annual consumption of approximately 150 Million kWh's annually required for city operations, this creates the potential for a annual savings of approximately $1.5 Million to the City of Corpus Christi. The price range that we would be achieving would be a commodity price of approximately 6.9 cents per kWh, excluding wires charges, which is an outstanding rate. REQUIRED COUNCIL ACTION: Approval of the attached resolution. FUNDING: Electric costs are factored into the budget each year as an operating expense, so no additional funding would be required. This action should create a savings for the months of January through June, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends continuing our existing relationships with STAP and approving the resolution to extend our c. tra • thro h 018. L ...'"",511. udy D. r' rza Intergov; mental R =jatio Director rudyga @cctexas.com 361- 826 -3082 Attachment -- Background Memo from Geoffrey Gay, Lloyd Gosselink & STAP General Counsel Lloyd rfrIUu 1(1''T ATTORNEYS AT LAW Mr. Gay's Direct Line: (512) 322 -5875 Email: ggay@Iglawfirm.com MEMORANDUM TO: All CAPP and STAP Members FROM: Geoffrey M. Gay DATE: November 3, 2010 RE: Electric Rates for 2011 and Beyond 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322 -5800 Facsimile: (512) 472 -0532 www.lglawfirm.com Things are on track for the merger of CAPP and STAP, effective January 1, 2011, and for the assumption of the new identity, Texas Coalition for Affordable. Power ( "TCAP "). The merger will have no impact on existing contractual relationships with Next Era and Direct Energy. As all of you are aware, the current energy supply agreement expires December 31, 2013. Energy prices for each year of the current five -year contract were locked on at the time the contract was signed in the fall of 2008. Prices vary by ERCOT zone and for 2011, the energy prices are scheduled to be only slightly higher than 2010 prices. The contractually scheduled prices for 2011 are: North Zone 7.8950 per kWh South Zone 8.0440 per kWh West Zone 5914¢ per kWh Houston Zone 8.447¢ per kWh New Offer Results in Savings The purpose of this memorandum is not so much to remind you of next year's energy prices as it is to inform you that you have a rare opportunity to reduce next year's prices and achieve significant savings over the next three years by amending and extending the existing supply agreement. 183110011222137 Lloyd Gosselink Rochelle & Townsend, P.C. —295— November 3, 2010 Page 2 Your supplier, Next Era, has offered to liquidate the natural gas futures contracts it secured in 2008 to give CAPP and STAP fixed electric rates for five years. Next Era would then purchase new gas futures contracts to secure fixed pricing for an eight -year period at rates less than rates that must be paid next year under the existing terms and conditions of the contract with NextEra. For most CAPP and STAP members, Next Era's offer to "blend and extend" would reduce 2011 prices by approximately 1¢ per kWh. For the small users who consume less than 1 million kWh annually, that reduction should result in savings of between $2,500 and $30,000 over the remainder of the current five -year agreement. For the largest user, the savings should approximate $5 million. Background The current contract is referred to as a four -party agreement. It contractually commits CAPP and STAP to Next Era (aka, Florida Power & Light) as supplier and Direct Energy Business Services ( "DEBS ") as retail electric provider responsible for customer accounts and billing. Each CAPP and STAP member was required to pass a resolution agreeing to be bound by the four -party agreement and pledging to sign an individual customer energy supply agreement with DEBS. The current contract became effective on January 1, 2009 and will expire December 31, 2013. Under ordinary circumstances, bids for power to meet member needs in 2014 and beyond would not have commenced until sometime in 2012. In June, CAPP and STAP received an unsolicited offer for a block of base load energy to be available in 2014 from distressed generation assets to be purchased by some West Texas investors and backed by J.P. Morgan. The indicative pricing looked favorable for a five -to- twelve -year commitment. Both Boards were interested in the proposal. The CAPP Board directed R.J. Covington Consulting to perform a due diligence evaluation of the proposed pricing. Consultants were able to obtain several comparable offers, including an offer from Next Era. However, Next Era indicated that while they were willing to discuss the block power commitment, better pricing could be offered in a blend and extend arrangement. Indeed, their blend and extend proposal contained more favorable pricing with less risk than any other offer. Next Era proposed to liquidate the gas futures contracts obtained in 2008 to serve CAPP and STAP load through 2013 and to purchase new gas futures contracts at lower prices to serve CAPP's and STAP 's full requirements through 2018. The energy price offered to members would be fixed for eight years subject to the same adjustment provisions (for ancillary services, nodal market prices and changes to total member Ioad) in the current contract. Generally speaking, members in the North, South, and Houston ERCOT Zones would see a reduction in next year's price of about 10 per kWh. Multiplying each member's annual consumption by 10 yields a savings estimate for next year. In 2008, the excess supply in West Texas permitted CAPP members in the West Zone of ERCOT to realize about a 2¢ reduction off of North Zone prices during the five -year contract. Over the last year, pricing differentials between zones have narrowed significantly. Under the blend and extend arrangement, West Zone members, including Wichita Falls, Abilene, San Angelo, and Odessa and others should see some reduction in contract prices currently set for November 3, 2010 Page 3 2011 -2013, but not nearly as great as the 1¢ per kWh price reduction that should be available in the other three zones. Do Near -Term Savings Justify a Five Year Extension? Two factors largely determine electric prices in the Texas deregulated market: natural gas futures prices and heat rates which are in turn influenced by market perceptions of available generation capacity. At this point in time, natural gas prices are low and stable and there is excess capacity. Whether natural gas prices will remain low and stable through 2013 depends a great deal upon the future of shale gas extraction. If environmental factors such as potential groundwater contamination limit the production of shale gas or if the economy recovers and industrial and electric company demand for gas increases, natural gas prices will rise. Most analysts of population growth predict significant expansion of the population of Texas. How soon such growth will cause demand for electricity to grow faster than supply is unknown, but some forecasts suggest that the reserve margins for generation of electricity may dip below a reasonable level by as early as 2013. If that happens, electric prices will rise above current levels. An optimistic forecast would indicate that natural gas prices will remain around current levels for the next three or four years. To pass on an offer to reduce current contract rates and achieve a fixed price guarantee for eight years, one has to count on gas prices continuing to decline and for electric generation supply to remain comfortably greater than peak demand at least through the end of 2013. Even if gas prices decline so as to justify a lower rate in 2013 for the 2014 -2016 period, it is unlikely that the rate would be sufficiently lower to justify foregoing the potential near -term savings afforded by a blend and extend arrangement. Your Option Your political subdivision is under contract through 2013. You may reject the blend and extend opportunity and remain under the current terms and conditions. If you desire to take advantage of a blend and extend offer that produces both immediate savings and price stability for the next eight years, your governing body will need to authorize someone to sign an amended agreement with Next Era, if and when the CAPP and STAP Boards approve and recommend an amendment. Explanation of the Contracting Process The contracting process for the blend and extend agreement is exactly like the process used in the last several contracting periods. Your council will need to approve one of the two attached model resolutions. One resolution (Model Resolution A) authorizes STAP to act as an agent to negotiate and execute a contract for the member's electricity needs while the other resolution (Model Resolution B) requires the city to contract with STAP to purchase power for the member through STAP and to designate an individual with the power to execute the contract. The resolutions streamline contracting procedures. The resolutions empower the Chairman of STAP to sign a blend and extend agreement with the current power provider on behalf of all STAP members for 2011 -2018 energy needs. A majority of STAP members previously authorized the STAP Chairman to execute the 2007 and the 2008 energy contracts on November 3, 2010 Page 4 their behalf. Model Resolution A accomplishes that objective for 2011 -2018. Model Resolution B is to be adopted by those cities whose charters prevent the cities from delegating contracting power to anyone but the mayor or other designated city representative. For those cities, the resolution directs the city to contract with STAP for the city's 2011 -2018 electricity needs. In addition, both resolutions reiterate that each member is obligated only for its proportionate share of the contracted load. Every STAP member should expeditiously adopt one of the two resolutions and provide a copy of the resolution to my office. If you have any questions or need more information, please contact Geoffrey Gay (512/322-5875, ggay @lglawfirm.com). PLEASE NOTE: Passage of one of the attached resolutions does not guarantee that the Next Era contract will be extended. That will only happen if both Boards conclude that significant near -term savings and fixed prices will result. Passage of a resolution just ensures your political subdivision the right to participate in the blend and extend agreement, if it is finalized, approved, and recommended by the CAPP and STAP Boards. RESOLUTION AUTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, INC. (STAP) TO NEGOTIATE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AND NECESSARY RELATED SERVICES AGREEMENT WITH NEXT ERA FOR A FIXED PRICE PER KWH THAT IS LOWER THAN CONTRACT RATES FOR 2011 -2013, SAID EXTENSION TO CONTINUE UNTIL DECEMBER 31, 2018; AUTHORIZING STAP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF STAP TO EXECUTE AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2011 OR AS SOON AFTER FINALIZATION OF A CONTRACT AS POSSIBLE; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH STAP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2018. W HEREAS, the City of Corpus Christi, Texas (City) is a member of South Texas Aggregation Project, Inc. ( "STAP "), a nonprofit political subdivision corporation dedicated to securing electric power for its 52 political subdivision members in the competitive retail market; and WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City's current contract for power with Next Era arranged through STAP expires December 31, 2013; and the STAP Board of Directors is currently considering a blend and extend contract with Next Era with indicative retail energy prices that will reduce the prices under the current contract for the next three years and extend a fixed price for energy through December 31, 2018; and the current contract is a master agreement between STAP and Next Era endorsed by contract with individual STAP members; and STAP must be able to commit contractually to prices in a blend and extend contract amendment within a 24 -hour period in order to lock -in favorable prices; and WHEREAS, experiences in contracting for STAP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, suppliers demand assurance that STAP will pay for all contracted load; and WHEREAS, WHEREAS, WHEREAS, the City must assure STAP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through STAP for the period beginning January 1, 2011, and extending through December 31, 2018; and STAP intends to continue to contract with Next Era (power supply) and Direct Energy (billing, administrative and other customer services); and the current contractual relationships between STAP and Next Era and Direct Energy have been beneficial and cost effective for STAP members and the City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: That the STAP Board and its consultants and advisors are agents authorized to negotiate for the City's electric power needs as a member of STAP and extend the current supply agreement through December 31, 2018. Section 2: That the City approves STAP extending its current contract with Next Era for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018, so long as the extension results in savings over the current contract term of 2011 -2013 and results in fixed prices through December 31, 2018. Section 3: That the Chairman of STAP is hereby authorized to sign a Commercial Electric Service Agreement ( "CESA ") for the City pursuant to the contract approved and recommended by the STAP Board of Directors within 24 hours of said approval and recommendation, provided that the energy price to be paid per kWh in 2011 -2013 is less than the current contract price for 2011- 2013 resulting in savings for the City and that the fixed price for the period 2011 -2013 will continue through December 31, 2018. Section 4: That the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by STAP and the CESA signed by the Chairman of STAP on behalf of the City for the term beginning January 1, 2011 or as soon after finalization of a contract as possible and extending up to December 31, 2018. Section 5: That a copy of the resolution shall be sent to Geoffrey M. Gay, legal counsel to STAP. 2 —300— ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 22— day of November, 2010 Lisa Agui Assistant ity Attorney For City Attorney Corpus Christi, Texas of 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —302 — 1 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12 -07 -10 AGENDA ITEM: Resolution authorizing the execution of an agreement with Corwell Express, LP, providing for temporary property tax abatement ISSUE: To assist in the attraction of long -term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. REQUIRED COUNCIL ACTION: Approval of the resolution PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant tax abatement to Corwell Express, LP, for the Holiday Inn Express located at 929 N. Navigation in accordance with the City's Tax Abatement Guidelines and Criteria. Emily M)-tine CC Regional Econor Development Corp emartinez@ccredc.com 882 -7448 Attachments BACKGROUND INFORMATION Corwell Express, LP, submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the Holiday Inn Express located at 929 N. Navigation. The development is located within the Renewal Community, a council identified catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, Corwell Express, LP is seeking tax abatement as per section 3 of the Guidelines: "Any new facility, Expansion, Modernization that is located within the Renewal Community, Downtown, Corpus Christi (North) Beach or Padre /Mustang Island and any other catalyst area identified by the City Council or that is a locally -owned facility shall be increased by one level above the standards set forth above, with a minimum level of 3 for any such project." Level 3 provides a maximum number of 8 years tax abatement, including up to _2 years during construction. The increment value of the City's ad- valorem tax will be abated based on the following schedule: • Years 1 -5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The 40,000 square foot building will house a 65 unit Holiday Inn Express and Suites Hotel. Improvements are estimated to be approximately $2.5 million with estimated taxable revenue per year at $1 million. This project will create approximately 15 -18 permanent jobs. r A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORWELL EXPRESS, LP, PROVIDING FOR TEMPORARY PROPERTY TAX ABATEMENT WHEREAS, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; WHEREAS, an application for temporary tax abatement has been filed with the City by Corwell Express, LP, for the construction of improvements to facilities in the City; WHEREAS, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City of Corpus Christi, within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and WHEREAS, the project is not located on property that is owned or leased by a person who is a member of the city council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Corwell Express, LP, providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Corwell Express, LP, attached in substantial form as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. Adopted at a regular meeting of the City Council on the day of , 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 4ATax Abatement Agreement Resolution -- Holiday Inn Express Joe Adame Mayor —307— APPROVED: I day of November, 2010. Lisa Aguil Assistant City Attorney For City Attorney PathFinder Tax Abatement Agreement Resolution — 10272010 —308— 2 2 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —309— 1 TAX ABATEMENT AGREEMENT THE STATE OF TEXAS } } COUNTY OF NUECES } This Tax Abatement Agreement ( "Agreement ") is made and entered into by and between the City of Corpus Christi, Texas ( "City ") and Corwell Express, LP, a Texas limited partnership ( "Owner "), the owner of taxable property in the City of Corpus Christi, Texas, located at 929 N. Navigation Boulevard, Corpus Christi, Nueces County, Texas ( "Property "). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ( "Act "), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Added Value" means the increase in the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." 3. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). EXHIBIT A (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications /Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. 2 —311— B. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. III. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. C. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. 9597 - 0001 -0010 Personal property $.00 Account No. 9597 - 0001 -0010 Land $158,500.00 Improvements $.00 D. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $0.00 E. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $158,500.00 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the eighth tax year. If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no 3 —312— case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the eighth tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post - construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum eight (8) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of six (6) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. 4. The Added Value of Eligible Propertyis abated under Article VI of this Agreement. VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon a Renewal Community Facility for the capital investment of Added Value to a property following the completion of construction, the percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) 100% Years 1 and 2 Years 3 through 5 100% Year 6 75% Year 7 50% 4 —313— Year 8 25% B. At the time of execution of this Agreement, the Owner reasonably estimates and represents to the City that the Added Value comprising permanent Improvements upon completion of the Construction Phase is: $2,500,000 ( "Estimated Added Value "), of which $2,500,000 is eligible for tax abatement. C. In the event that upon completion of the Construction Phase, the Added Value of permanent Improvements, as determined by the Appraisal District, is at any time during the period of Abatement less than eight -five percent (85 %) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes under this Agreement, an amount equal to the then current tax rate of the City applied to the difference between the Added Value from eighty -five percent (85 %) of the Estimated Added Value, multiplied by 100 %, minus the net percentage of Abatement provided under this Agreement. For the purposes of this provision, the term "circumstances beyond the control of Owner" includes casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war; and the like. D. The formula for calculating the additional tax is outlined as follows: ([Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement %)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. in the event that the Owner fails to begin operation by the next January 1, then this Abatement 5 —314— Agreement terminates and all abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation, but subsequently discontinues operations on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must be paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ( "Cure Period "), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Added Value. Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value then a lower percentage of Abatement is applicable. For each year during which an Abatement has been granted, the difference between the tax abated and the tax that should have been abated based upon the actual Added Value as determined by the City and must paid within 60 days of notification to the Owner of the determination. Penalty and interest does not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax 6 -315- rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. I. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in- Nueces County district court within sixty (60) days after written notice of the action by the City. 7 -316- 3. Owner shall remit to the City, within the 60 -day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty -four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. The full taxable value figure listed in the appraisal records is used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. 4. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. —317— 8 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. The annual report is accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. 5. The copies of the four prior quarterly IRS 941 returns must be provided to verify employment D. "Buy Local" Provision. 1. The Owner shall give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. 2. In the case of an exception involving a purchase over $10,000.00, the justification for the purchase must be included in the annual report. 3. The Owner further acknowledges that it is a legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors, and labor, all other factors being equal. 4. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricia County. 5. In the event of a breach of the buy local provision, the percentage of abatement is proportionately reduced to the amount the disqualified contract bears to the total construction cost for the project. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. 9 -318- B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities is joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XI. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager To the Owner: CORWELL EXPRESS do Raju Bhagat 917 N. Navigation Blvd. Corpus Christi, Texas 78408 C. Either party may designate a different address by giving the other party ten days' written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2010. 10 —319— ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM: By: R. Jay Reining First Assistant City Attorney For City Attorney OWNER: COWELL EXPRESS, LP By its General Partner Corwell Enterprises, Inc. By: RAJU BHAGAT President Corwell Enterprises, Inc. As General Partner STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS This instrument was acknowledged before me on , 2010, by RAJU BHAGAT, director, Corwell Enterprises, Inc., as general partner, Corwell Express, LP, a Texas limited partnership, on behalf of the limited partnership. NOTARY PUBLIC, State of Texas C:IDOCUME -1 \ jayrlLOCALS-1 \Temp\XPgrpwise110 Tax Abatement Agmi 1013- fnal_1.doc —320— 11 SCHEDULE '! "Buy Local" Annual Reports The following information is reported to the City on a calendar -year basis during the first four years of the tax abatement program: I. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor ** (local). 4. Dollar amount spent for labor ** (total), 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily - available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. EXHIBIT A Project Plan A motel facility comprised of approximately 64 rooms and suites in a 4 -story building, together with a lobby, breakfast facilities, swimming pool and related amenities. EXHIBIT B Legal Description Lot One (1), Block One (1), of WHELAN TRACT UNIT 4, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat of record in Volume fib, Page 4, of the Map Records of Nueces County, Texas. 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 7, 2010 AGENDA ITEM: Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits and working conditions. ISSUE: The City of Corpus Christi, pursuant to Chapter 174 of the Texas Local Government Code, collectively bargains with the Corpus Christi Police Officers' Association for wages, benefits and working conditions of the Police Officers of the Corpus Christi Police Department. A collective bargaining agreement resulting from the negotiations is then ratified by the members of the bargaining unit and approved by Council. REQUIRED. COUNCIL ACTION: Approval of the motion directing the City Manager to enter into the contract negotiated by the City of Corpus Christi and the Corpus Christi Police Officers' Association. PREVIOUS COUNCIL ACTION: The Council has previously directed the City Manager to enter into collective bargaining agreements between the City and the Corpus Christi Police Officers' Association for wages, benefits, and working conditions of the Police Officers of the Police Department. CONCLUSIONS AND RECOMMENDATION: The recommendation is to authorize the City Manager to enter into the collective bargaining agreement that was ratified by the bargaining unit of the Corpus Christi Police Department on November 12, 2010. 0 -72- ))1 Oscar Martinez Assistant City Manager oscarm @cctexas.com 361 -826 -3189 BACKGROUND INFORMATION The City and the Corpus Christi Police Officers' Association have agreed to a contract pursuant to Chapter 174 of the Texas Local Government Code. An election ratifying the contract by the bargaining unit of the Police Department was held on November 12, 2010. The bargaining unit voted in favor of ratification. The Agreement includes the following changes: • 5 year term, August 1, 2010 through July 31, 2015 • 4% increase to base salaries effective 8/01/12 • Increase, capped at 4 %, based on a market index of salaries in 24 Texas cities effective 08101113; • Increase, capped at 4 %, based on a market index of salaries in 24 Texas cities effective 08/01/14; • Provision to add Patrol Pay, first payment to be made 08/01/13; included in the index calculation. • Amendment to contract language in order that TMRS Updated Service Credit and Cost of Living Adjustments are approved on an ad -hoc basis, rather than annually repeating. • Provision that the City and Association agree to discuss jointly seeking legislative amendments to TMRS during the 2011 session of the Texas legislature. • Amendment to provide a final City contribution to the CCPOA Health and Benefit Trust Fund of $156,000 in Fiscal Year 2011. • Amendment to provide time off for Association business for the Association 1st Vice President. Up to 60 days during the first year of the contract, up to 90 days in the second year of the contract, up to 180 days beginning the third year of the contract and thereafter. • Amendment to provide that the Association President or Association 1st Vice President, while relieved of duty to perform Association duties shall not be placed on limited duty. • Amendment to increase pool hours for Association business for Association delegates and trustees from 200 hours to 300 hours during each year. • Added provision to authorize the City to civilianize the following positions or units: o Departmental Accreditation Manager o Fleet Management o NarcoticsNice Investigation Booking Desk o Crossing Guard Coordinator o Police Athletic League (PAL) Coordinator o Crime Stoppers o Public Information Office o Enhanced Digital Access Communications Systems (EDACS) • Amendment that the City shall notify the Association in writing of all posted meetings and hearings of the Civil Service Commission. • Amendment revising the grievance procedure, including a provision that only the Association has standing to initiate or pursue a grievance under the terms of the Agreement, after consideration of an alleged grievance by a bargaining unit member or the Association. • Amendment, in the event the Association requests arbitration, to provide that the Director of Human Resources, or designee, shall make contact with the service selected to request a list of qualified neutrals. • Provision that overtime worked for which the City will be reimbursed for overtime by Federal or State Grants that restrict compensation for such overtime to cash only will be compensated in cash only, including notification to officers in advance of assignment for which the payment for overtime will be in cash only. • Amendment to provide accrual of compensatory time not to exceed 360 hours, increasing to a maximum of 480 hours effective 08/01/11. • Amendment to the pay rate of Lieutenants at the following steps; starting, 6- month, and 18- month. • Amendment to the pay rate of Captain at the following steps; starting and 9 -month pay rates, to address pay compression issues. • Amendment to clarify the calculation of the index. • Addition of definitions of GASB (Government Accounting Standards Board) and OPEB (Other Post Employment Benefits) • Health Plan Amendments and Provisions: o Provision to allow the Association to have representation on the Employee Insurance Advisory Committee and to participate in committees formed to evaluate proposals in response to Requests for Proposals related to negotiated benefits of the bargaining unit. o Provision to notify the Association in writing of premium increases with a 60 calendar day notice and of health plan changes with a 30 day notice. o Provision that the City will conduct a bi- annual study of the GASB liability and adjust the cumulative recorded OPEB liability accordingly. o Provision that changes mandated by federal health care legislation will be implemented as required. o Provision establishing the components that will be used to calculate the premiums for active employees and retirees under age 65. o Provision that current Public Safety Citicare plan will end 12131110. o Provision that current Public Safety Citicare plan with additional benefits will be implemented 01/01/11. Additional benefits include: • HPV vaccinations up to age 25 covered 100% up to annual maximum of $500 ■ Routine mammography benefit will have a per procedure maximum benefit of $150. ■ Benefits for hospice care, both facility and home based care, will be covered any other illness, maximum of 90 days coverage per lifetime. • Benefits for home health care and skilled nursing facility care will be covered as any other illness, maximum of 90 days coverage per plan year. o Provision to add a Consumer Driven Health Plan (CDHP) with Health Savings Account effective 08/01/12. (Participating officers choose between PPO and CDHP /HAS during each open enrollment.) • City will contribute no less than $75 per month into a Health Savings Account (NSA) for each eligible employee participating in the plan. Following the first plan year anniversary after the implementation of the CDHP plan, the actual amount of the City's contribution into the HSA will be 0.75 times the difference between the employee only rate charges for the two plans (PPO and CDHP). o Provision that Medicare eligible retirees and their Medicare eligible dependents will be eligible to participate in the City's fully insured plan offered for Medicare eligible retirees. (Coverage in the PPO or CDHP plan will cease upon becoming Medicare eligible.) • Provision to provide participation in the deferred compensation plan adopted by the City Council, and closing the CCPOA selected VALIC deferred compensation plan to new participants effective upon execution of the Agreement. • Provision to allow the Association to have representation on the Deferred Compensation Plan committee and to participate in committees formed to evaluate proposals in response to Requests for Proposals related to the deferred compensation plan. • Amendment to classifications compensated under the City's Classification and Compensation Plan; bringing language current. (Reference to "Managerial Group Salary Schedule" is old terminology.) • Amendment to pay accrual of compensatory time not to exceed 360 hours, increasing to a maximum of 480 hours effective 08/01/11, upon separation in good standing from employment. • Amendment of Military Leave language to include Uniformed Services Employment and Reemployment Rights Act (USERRA), and provision to address promotional opportunities for officers who were eligible promotional candidates who were serving on active military duty when a department promotional exam was offered. • Amendment to Sick Leave Pool. o Increase requirement to use personal leave from 80 hours to 120 or 160 hours before eligible to apply for hours from the pool, based upon years of service. o Non -job related injuries or physical or mental illnesses identified by a medical doctor. o Incapacities due to elective procedures are not eligible under this program, however, complications that develop as a result of the elective procedure (s) may be considered eligible. o Require documentation supporting request, to include statement from licenses physician, record of leave time and accrual balances, written request for pool hours. o Committee will consider request. Committee will be Chief of Police or designee, the Commander of the Department's Office of Accountability or designee, and the Association President, or designee. o Officer must use all accrued before use of pool hours. o Pool hours will not be paid out upon leaving employment. o Documentation will be maintained in a confidential manner, as allowed by law. • Amendment to provide that the Chief of Police shall not assign any officer to the position of Field Training Officer who has less than 3 years of service. • Amendment that no applicant shall be permitted to take an entrance exam more than once for an academy class. • Provision to address temporary duties in a higher classification of Lieutenant or Captain; shall not be temporarily appointed or made acting, but shall be paid for hours worked in the higher classification. • Amendment to physical fitness language, removing "voluntary". • Amendment to Senior Police Officer's Proficiency Examination, striking old language. • Amendment to eligibility for promotion to remove time in rank for appointment of Assistant Chief, and to clarify language. • Provision that the final score shall be carried forward until a decimal place determines applicant ranking on the eligibility list. • Provision to resolve promotion dispute; to fully and finally settle Grievance #2009 - 008G, Eugene Hernandez. • Provision regarding time served as an acting or temporary Lieutenant between 12/01/06 and the date of execution of the Agreement to provide recognition of time served in their acting positions for step placement. • Revision of the Grievance Form. • Revision of the Wage Index Forms. increased Cost from Previous Year: FY 10 -11 - $58,817 FY 11-12 - $3,504 FY 12 -13 - $1,438,922 FY 13 -14 - $1,701,761 FY 14 -15 - $1,555,906 A copy of the contract between the City of Corpus Christi and the Corpus Christi Police Officers' Association, with legislative mark -up showing the changes, is attached. 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/16/2010 AGENDA ITEM: Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from six to five, and increasing the number of Assistant Police Chiefs from one to two, effective 1/10/2011. ISSUE: Amending the ordinance to allow the Chief of Police to reduce one Police Commander and increase one Assistant Police Chief. BACKGROUND INFORMATION: Chief of Police Troy Riggs requests the modification to continue implementation of recommendations regarding staff alignment. FUNDING: The seven month cost will be $7,814 to be absorbed by the FY 2011 Police General Fund budget. PREVIOUS COUNCIL ACTION: Adopting the Ordinance on July 27, 2010. REQUIRED COUNCIL ACTION: Approval of the revised ordinance CONCLUSION AND RECOMMENDATION: Staff recommends approval of the revised ordinance. Attachments: D. Troy Riggs Chief of Police troyrc cctexas.corn 886 -2603 -335- ORDINANCE CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683, REGARDING THE NUMBER OF POLICE OFFICER POSITIONS BUDGETED, REDUCING THE NUMBER OF POLICE COMMANDERS FROM SIX TO FIVE, AND INCREASING THE NUMBER OF ASSISTANT POLICE CHIEFS FROM ONE TO TWO, EFFECTIVE 111712011; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010 -2011 operating budget adopted by Ordinance No. 028683 is changed, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from six to five, and increasing the number of Assistant Police Chiefs from one to two, effective 1/17/2011. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of December, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: December / , 2010 Peter Merkl Senior Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 7, 2010 AGENDA ITEM: : Public hearing and first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $204,724,200. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. REQUIRED COUNCIL ACTION: Public hearing, and first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide. PREVIOUS COUNCIL ACTION: Public hearing and Recommendation to approve the FY 2011 Capital Budget and Capital Improvement Planning Guide made by the PIanning Commission on November 17, 2010. Public input may also be received at the public hearing to consider and first reading ordinance on December 7th and the public hearing to consider and second reading ordinance on December 14"'. CONCLUSION AND RECOMMENDATION: Public hearing to consider and first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide. Attachments -341- 41,,da,g.„ Ed me Houlihan Assistant Director of Management and Budget eddieho @cctexas.com 880.3792 Capital Budget Highlights to et a) E ra a) It a) tQ a) cn to O as o_ a) L L m t.) a) o cn a) E ca > 2 0_ CU O E ._ CO E _ .L V .4•71 • w _ _ 0 • ■ co • _ E O O tQ t.) C.) — tv -c w .' ti) • t.) L o'O to . sz CD Bond 2008 projects cu II w L M = I I I • to a) t.) to cx a) -Cl) • u) O as co t.) :171 CD CU C.) E Ws to ti) to = o ca E w L m 0.)'a 2 L 13 ._ t m • L tn CD CI) = L . to • CO V = • mcabil a) .O L et .O as t.) O a) ce L co et ♦. V S. O co O O V9 ._ 0 0 • 3r2 a) a) 13 m la Cl) L co a) a) 2 .. • _ ai O0 a) co ■ _ i a) L as En L as 2 a) L o O D> . 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'.. to to Ol O m U Z Remaining Events /Actions .0 .o c = -0 O O c U V a) a) 5O 7 c -0 U ��n = a)m 0 • 0 .c . • = 0) >, c O -0 c N a) 0 = O o Z 6) co L .N o c ca c_ ca N ✓ CL a 2occ cc a Q Tuesday, December 7, 2010 Tuesday, December 14, 2010 M ORDINANCE APPROVING THE FY 2011 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $204,724,200. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $204,724,200 is hereby approved. A copy of the FY 2011 Capital Budget and Capital Improvement Planning Guide is on file in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: <12.4,., -/ ' By: Lisa Aguii- Assistant City Attorney for the City Attorney 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Delivery of Destination Bayfront Final Report STAFF PRESENTER(S): Name Title /Position Department I. Rudy Garza Director IGR OUTSIDE PRESENTER(S): Name Organization 1. Trey McCampbell Destination Bayfront 2. JJ Hart Destination Bayfront BACKGROUND: In June of this year, City Council approved a resolution of support for Destination Bayfront as the means to engage the public in a discussion regarding development of a master plan for the public space from McCaughn Park to Sherrill Park that includes the Memorial Coliseum and adjacent property. Over the last several months, the Destination Bayfront coalition, and their consultant, Project for Public Spaces, have engaged the public in such a discussion. This agenda item will bring the final report of Destination Bayfront to Council for questions and consideration of a future resolution endorsing this report as the master plan for redevelopment efforts going forward. . REQUIRED COUNCIL ACTION: None udy D. Gar, Intergovernmental Relat' • ns D' ector rudyga @cctexas.com 361-826-3082 PowerPoint Supplemental Information ® 7. Final Report 2. Draft Resolution of Support Page 1 of 4 DRAFT RESOLUTION ACCEPTING THE PROJECT FOR PUBLIC SPACES' REPORT CALLED "PLACEMAKING AT DESTINATION BAYFRONT" AND ENDORSING THE CONCEPTS IN THE REPORT AS A MASTER PLANNING DOCUMENT FOR THE REDEVELOPMENT OF THE PUBLIC SPACES IN THE AREA FROM MCCAUGHAN PARK TO SHERRILL PARK AS DESTINATION BAYFRONT AND DIRECTING CITY MANAGER TO WORK WITH THE DEVELOPMENT BAYFRONT ORGANIZERS TO DEVELOP AN APPROPRIATE IMPLEMENTATION PLAN AND SCHEDULE, INCLUDING THE REVISION OF THE CITY'S COMPREHENSIVE PLAN TO ADOPT THE DESTINATION BAYFRONT CONCEPTS WHEREAS, community efforts have been ongoing since the closing of Memorial Coliseum in 2004 to develop a suitable use for the bayfront property that encompasses the site of the former Memorial Coliseum, associated public parking areas, and McCaughan, City Hall, and Sherrill Parks; WHEREAS, the 2008 bond proposals approved by the citizens of Corpus Christi provides for the relocation of the northbound lanes of Shoreline Boulevard to provide a large pedestrian area connected to the water, McGee Beach, and the Coopers Alley L- Head as recommended by the City's Bayfront Master Plan, an element of the City's Comprehensive Plan; WHEREAS, a grass roots affiliation of citizens known as Destination Bayfront emerged through these discussions focused on developing a process for inclusion of ideas and engagement of the community for the sole purpose of a citizen driven effort to help move our community forward; WHEREAS, the City Council of the City of Corpus Christi committed to a public process that engaged the citizens of Corpus Christi in seeking input in developing Destination Bayfront, as the master plan for the redevelopment of the City's property, which will provide opportunities for new activity in the downtown area and spur new economic development opportunities for our community; WHEREAS, among the goals of the Destination Bayfront is to create a signature area for our community that provides a world class destination for both tourists and residents of Corpus Christi alike; and WHEREAS, the Destination Bayfront organizers were assisted by an internationally renowned planning organization know as Project for Public Spaces ( "PPS ") in developing a concept for the site; WHEREAS, following the completion of the Destination Bayfront Phase I public input process, authorized by the Council in June, 2010, PPS has prepared a report called "Placemaking at Destination Bayfront," which is the concept for use the 27 acre site. Destination Bayfront DRAFT Resolution — 11232010 —378— Page 2 of 4 WHEREAS, the acceptance of this report concludes Destination Bayfront Phase 1; WHEREAS, the Destination Bayfront organizers are now seeking authority from the City Council to begin Destination Bayfront Phase 2; WHEREAS, Destination Bayfront Phase 2 will develop recommendations on an "implementation plan and schedule," which will be brought back to the City Council for approval; WHEREAS, both the Destination Bayfront organizers and City Manager will need to jointly work on the implementation plan and schedule in order to determine a realistic and achievable process for redeveloping the site and implementing the Destination Bayfront concept; and WHEREAS, the implementation plan and schedule will address issues, such as: • Priorities for the site development, including a phasing plan • Estimate costs for key elements and areas • Operating revenues sources and estimated expenses • Recommend organization structure for operation of the site, which may include operation by the City or private non - profit entity • Fundraising plan • Initial staffing to implement the project • Process for including the Destination Bayfront Project in the City's Comprehensive Plan • Final road design & costs • Determining how much available funding is available for improvement to the park infrastructure NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council accepts PPS' report called "Placemaking at Destination Bayfront" and endorses the concepts in the report as a master planning document for the redevelopment of the City's bayfront property that encompasses the former site of Memorial Coliseum, associated public parking areas, and McCaughan, City Hall, and Sherrill Parks as Destination Bayfront. Section 2. The City Council requests that Destination Bayfront . organizers work with the City Manager to implement the concepts in PPS' report, and to develop an Destination Bayfront DRAFT Resolution — 11232010 —379— Page 3 of 4 implementation plan and schedule that sets a financially achievable path to turn the Destination Bayfront concepts into a reality. Section 3. The City Council directs the City Manager to take any actions necessary to assist the Destination Bayfront organizers develop Destination Bayfront, and initiate the processes required to include the Destination Bayfront as an element of the City's Comprehensive Plan. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 23`' day of November, 2010. R. Jay Reining First Assistant City Attorney For City Attorney Destination Bayfront DRAFT Resolution — 11232010 —380— Corpus Christi, Texas of . 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —381— 1 Destination Bayfront Leveraging Great Public Space to Grow Corpus Christi 0 C U) 0 m a) to C cb U ++ y L L vt U a 8 0 U G) b) .U) 17,3 G O U, Q .5 C O 0. 0 by N 0 0 L bD f0 U, 0 y G .c Q 1-i 1J CO C C L YI 0 m offers residents and tourists an incredible public destination • -Z8E- Destination Bayfront Leveraging Great Public Space to Grow Corpus Christi Timeline of 2010 Destination Bayfront process & activities: 0- CL >:0 C a) U O L 0 4a z a C E E O U r-I a) ro a ca 9 O a a co bA a) .Y C a) a) a) 'n V1 a a a U O 0 G `) O coco co C ▪ -a C a) .. U L] U a) C O' O L U_ CL1 d C • 0 ca U c a) a) ▪ 0 a —88£— O a � m co C }r G O IP Mt a O. O a) L U, a) a. O a ro C 0 U ca OD X U ca a) • .-- ,. a) a) a) a) -o +, N a) G a) co E • EO cu Q1 G U C E ro E .0 147fti. CU • aJ on • c c toro• r tea ya N d-PAV.11 nrrr .N a N W 1 14 N v) aJ e-i r. 1 f•co Crl N acl CO c 0 A A to Q O C C = a) U - - -, - Q Cl) 0 Community meetings generate additional feedback Oct - early Nov Mayor's Veterans Ad Hoc Committee report to Council on proposed enhancements to Sherrill Park Destination Bayfront presentation to Council for acceptance; closes Phase 1 Efforts to date: N 0 Co C CU U, C CO C 4--. a) al E a) 73 C E E D U 0 000 aJ 4-0 _� Co a) -� ra E -o 'x a s & newsletters ra Co E ,r H gta {O CO y OJ - -tb8E- t a) {o q7�" C U co LL a) C 1- L 0 eta a) L CO U j . i70 0 L L ca ' 0. a) D- O a) 0- 0 0 aJ I.- 0- .0 CU O .0 C O -0 CU CU C a) E 0 u a) On 0 "MEd) C E Destination Bayfront Leveraging Great Public Space to Grow Corpus Christi Themes from Community Input: 1. There should be a strong connection between the Downtown and the Bayfront. a) coE O u a) -988- v m a) 0 O L a) v a4 co C is co a) O a .c 4-, C C13 a) isti resident vAzI 0 a) DO O -C - O C CO !n U al 2. This site will a 7 a) 4-, U, a) E m ,D = ,K. r L 3. Amenities an .0 cu C {° 4A a) 0 -. Ell C 2 C a a 5. 6. CD u. al .v) c v E E z 0 U L a1 Q V dG c 0 •I 'a a. o a 44 U) I- .r d UU I. C] CD mffl iv Q ,f!' C C C E (1 z G 'il m 2 a L rd U, Q I- r-1 N M —98E— Public access c n4 C c c E � U cu LL 1= v) 1-: 8. Maintenance a E Ui .da C f9 2 Destination Bayfront Leveraging Great Public Space to Grow Corpus Christi —L8E- fi' a e CU c C a 2 03 +4 Q_ a O a 0 a) o n C L �- 'Q C c co U - CU E as • o L°> c— 3 C c a a) 03 Cil CL/ CU c E +� a to u 0 0 fl U CD �; ^- a Q C to MI O t om' Q a) j aa)) < C db p _D.>. Q 4- a:,. c .0 E ca a �, c c o in ca. ;....3; _ L astir) 0 t..c. o n o a - }. a �' a -'. 2 Q_ a) 0,. 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V) C U C 3 Q MI a) ro > t CL (" ar +7, a .a ui c a m ,�, 0 a C -p 70 0.0 -O a1 cu O LI U 4-' fa Q a o a Co [a C (7 U c a a. = E aa)) v o 3 O — vi v, .0 CL •3 a CO L a C o a 3 u O- C -Cy .mss ) 3 ro t O - a a) 6 CCa 0 0 s o -0 z m 4, IN C as a Q) a) t C Y +�+ co 0 4D rl .O C -.- c `1 (fim) -C v -C O OD U co a Q :2 as M U L -Y a 't!1 a at a D vi c 0 > L a ca c v L cO c U 3 _0 Q) L < CO U m o a) L 2 L as so m f4 Q co CO t,Q aa) O U _c c U L L '� C o cca u CU as w c m c _ C ca %, a) [a a C C C L a O L 0 m C ro +1 ca 2 = Q N U Q 4-. W U o O L 4- ?' a1L Z +4 O O m La Q. - C N O •- a) C H VIN C' cn CO �- 'CL 'c 7 C II 4-: .— E 4"a U ca a) as a 0 o m L_ R Z y O a ■S 4a y QJ O al 2 Close out Phase 1: 0 -88C-- 4— 0 L a C 0 C aJ a.+ fd 7 L a L 0 -C a 4--. .1] U C 0 IP C CC L C 4— a O. •C O > L •y r0 C a a7 a) i .,c C a) 4-' L 0 a .,... E 0 U au v, E v '~ 0 uL a .E a7 L z s_ L a ' Y 1 a 0 a) L c 4- 0 Cd U ▪ C C CO 0 _C IP a C C Q m 0 • Priorities Estimated cos Operating rev Recommend c C a) Fundraising p1 Initial staffing O 0 CU a) C IP (13 in ris ❑ `J O + CU • 0 U e0 = c c as E 16 _• � O 7 T C 4 T .0 N H E o u a P. c a a ii a I • • • • • • • 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 7.2010 AGENDA ITEM: UDC Overview Presentation to City Council ISSUE: In order to move forward on this project, the City has retained John Bell of the law firm of Wood, Boykin & Wolter to assist staff in putting together a presentation schedule, address any conflicts or discrepancies necessary for final adoption, and present the UDC to the Planning Commission and to the City Council for approval. According to the proposed schedule (Exhibit C), the UDC should be adopted in April of 2011. Starting in December, the UDC will be presented to the Planning Commission for approval in four or five sessions. It will then be presented to City Council in four or five sessions for its approval. Once the UDC is adopted, the Planning Commission and City Council would then need to conform the existing Zoning Map of the City to the new Zoning classifications. After allowing approximately 60 days for Staff in- service training on the new Code, preparation of the new forms and procedures to replace the existing ones, and information sessions for the development community, the UDC could be expected to take effect in July of 2011. REQUIRED COUNCIL ACTION: None PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: None Juan Perales, Jr., P Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp @cctexas.com Phone: 361-826-3828 Attachments: Exhibit A -- Background Information Exhibit B — Corpus Christi Unified Development Code Table of Contents Exhibit C — Proposed Schedule for Presentation & Adoption of Code —391 -- BACKGROUND INFORMATION In 2005, the City of Corpus Christi (the "City ") hired Duncan and Associates to assist in preparing a Unified Development Code (the "UDC ") in order to consolidate and update the Zoning Ordinance, the Platting Ordinance and other ordinances regulating land development in the City. Duncan & Associates is a national consulting firm with its nearest offices in Austin, Texas, and it specializes in the preparation of land development regulations. Additionally, the consulting firms of McGloin + Sween (Corpus Christi), Urban Engineering (Corpus Christi), and Terry Morgan and Associates (Dallas) assisted in creating the UDC. Also, a Blue Ribbon Committee was appointed which represented different sectors of the community who would be impacted by the UDC. The consulting firms conducted interviews of the Blue Ribbon Committee members and various development professionals to understand their thoughts and concerns about the current regulations. On June 5, 2006, a 45 -day review period began in order to get input and comments from the public. The City received over 500 comments and needed help in order to address each comment and make recommendations. As a result, the City created seven focus groups of 8 to 16 individuals per group (the "Focus Groups ") in order to review these comments and to address the proposed UDC provisions. The topics reviewed by the Focus Groups were as follows: • Administrative • Base Zoning • Infrastructure • Landscaping • Park Development • Shared Access • Signs The different Focus Groups worked on the project for another year in order to resolve the various issues that were raised when the UDC was presented to the City Council. All of the Focus Groups completed their work, and most of the issues were resolved. A few issues in the Shared Access area could not be finally resolved between Staff and the Focus Group, and a few new issues have arisen concerning the compliance of the City's sign regulations with applicable State and Federal regulations. The UDC is a document which consolidates the City's zoning ordinance, platting ordinance, and development regulations into a single document rather than multiple, potentially conflicting, ordinances. The current zoning and platting ordinances are outdated and are difficult to read and understand by the public. The purpose of the UDC is to: • Provide a uniform and updated set of consistent definitions, rules, and regulations; • Enhance readability and bring clarity to the development regulations; Page 1 of 2 EXHIBIT A —392— Use procedures that follow the normal sequence of development; and • Provide a coordinated system for development review and enforcement. The draft of the UDC completed by Staff and the Focus Groups consists of 10 Articles as illustrated in the Table of Contents attached as Exhibit B. In order to move forward on this project, the City has retained John Bell of the law firm of Wood, Boykin & Wolter to assist staff in putting together a presentation schedule, address any conflicts or discrepancies necessary for final adoption, and present the UDC to the Planning Commission and to the City Council for approval. According to the proposed schedule (Exhibit C), the UDC should be adopted in April of 2011. Starting in December, the UDC will be presented to the Planning Commission for approval in four or five sessions. It will then be presented to City Council in four or five sessions for its approval. Once the UDC is adopted, the Planning Commission and City Council would then need to conform the existing Zoning Map of the City to the new Zoning classifications. After allowing approximately 60 days for Staff in- service training on the new Code, preparation of the new forms and procedures to replace the existing ones, and information sessions for the development community, the UDC could be expected to take effect in July of 2011. Page 2 of 2 EXHIBIT A —393— EXHIBIT B Corpus Christi Unified Development Code Table of Contents 1. Article 1 .-• General Provisions §1.1 Title §1.2 Purpose §1.3 Authority §1.4 Jurisdiction §1.5 Conflicting with Public and Private Provisions §1.6 Effective Date §1.7 Minimum Requirements §1.8 Severability §1.9 Rules of Statutory Construction §1.10 Transitional Provisions §1.11 Definitions 2. Article 2 - Unified Development Code Organizations and Officers §2.1 General §2.2 City Council §2.3 Planning Commission §2.4 Board of Adjustment §2.5 Building Code Board of Appeals §2.6 Landmark Commission §2.7 Development Review Committee §2.8 Technical Review Committee §2.9 Assistant City Manager of Development Services §2.10 Building Official §2.11 Assistant Director for Planning §2.12 Floodplain Administrator §2.13 Summary of Review Authority 3. Article 3 - Development Review Bodies § 3.1 Common Review Procedures § 3.2 UDC Text Amendment 5 3.3 Zoning Map Amendment (Rezoning) § 3.4 Historic Overlay District or Landmark Designation §3.5 Planned Unit Development §3.6 Conditional use Permit §3.7. Master Preliminary Plat §3.8 Subdivision Plat Review §3.9 Minor, Amending or Vacating Plat Review §3.10 Replat Without Vacation §3.11 Special Exception §3.12 Dune Protection Permit Page I of 3 EXHIBIT B -394- §3.13 Beachfront Construction Certificate §3.14 Certificate of Appropriateness §3.15 Certificate of Appropriateness for Demolition §3.16 Site Plan Review §3.17 Reserved §3.18 Building Permit §3.19 Certificate of Occupancy and Compliance §3.20 Sign Permit §3.21 Temporary Use Permit §3.22 Floodplain Permit §3.23 Written Interpretation §3.24 Administrative Adjustment §3.25 Variance §3.26 Floodplain Variance §3.27 Appeal of Administrative Decision §3.28 Optional Developers Guarantees 4. Article 4 - Base Zoning Districts §4.1 General §4.2 Measurements and Exception §4.3 Single - Family Residential Districts §4.4 Multifamily Residential Districts §4.5 Commercial Districts §4.6 Industrial Districts 5. Article 5 - Use Regulations §5.1 Use Categories §5.2 Specific Standards §5.3 Accessory Uses and Structures §5.4 Temporary Use Standards §5.5 Wireless Telecommunication Facilities 6. Article 6 - Special Zoning Districts §6.1 Special Purpose Districts §6.2 PUD, Planned Unite Development Overlay §6.3 H, Historic Overlay §6.4 10, Island Overlay §6.5 Air Installation Compatible Use Zones (AICUZ) 7. Article 7 - General Development Standards §7.1 Access and Circulation §7.2 Off - Street Parking, Loading and Stacking §7.3 Landscaping §7.4 Outside Display Sales and Storage §7.5 Signs §7.6 Outdoor Lighting Page 2 of 3 EXHIBIT 13 -395- §7.7 Building Design §7.8 Dune Protection and Beachfront Construction §7.9 Flood Hazard Reduction §7.10 Required Zoning District Buffer Yards 8. Article 8 — Subdivision Design and Improvements §8.1 General Provisions §8.2 Design Standards §8.3 Public Open Space §8.4 City Participation and Trust Fund Policy 9. Article 9 — Nonconformities §9.1 General §9.2 Nonconforming Uses §9.3 Nonconforming Signs §9.4 Nonconforming Improvements or Structures §9.5 Nonconforming Lots of Record §9.6 Elimination of Nonconforming Status 10. Article 10 — Enforcement §10.1 Enforcement Authority §10.2 Violations §10.3 Penalties Page 3 of 3 EXHIBIT B —396— EXHIBIT C PROPOSED SCHEDULE FOR PRESENTATION AND ADOPTION OF CODE Dec 7 Overview Presentation to City Council • Outline Contents of UDC • Brief History of Development of UDC • Proposed Presentation Schedule Dec 8 Presentation to Planning Commission • Outline Contents of UDC • Proposed Presentation Schedule ■ Presentation of Articles 1 -3 Jan 5 Presentation to Planning Commission • Presentation of Articles 4 -6 Jan 19 Presentation to Planning Commission • Presentation of Articles 7 -8 Feb 2 Presentation to Planning Commission ■ Presentation of Articles 9 -10 Feb 16 Presentation to Planning Commission • Wrap -up of UDC and Recommendations Mar 8 Mar 22 Mar 29 Apr 12 Apr 26 May -June Preparation for UDC Implementation • In- service Training for Staff • Preparation of New Forms • Outreach Training for Development Community Presentation to City Council • Presentation of Articles 1 -3 Presentation to City Council • Presentation of Articles 4 -6 Presentation to City Council ■ Presentation of Chapters 7 -8 Presentation to City Council • Presentation of Articles 9 -10 • Adoption of UDC Joint City Council /Planning Commission Meeting • Adoption of New Comprehensive Zoning Ordinance July 1 Effective Date of New UDC Page 1 of 1 EXHIBIT C —397— Z L) :-.0. 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") L -L1 _Ll LU _L1 LL, (u L) l) = -L1 _1_1 Z) a ,� 1 z i) l) �) 1-- ) t �) 11_ al 0 0 _L1 L �1 Z) r _1_, Z � z 1 �� _L1 1-1 _L1 1 ) ,� u1 U _L_, L) L) a) a CL i Lt Z) CL a) LI, - L) u 1 1 1 , , z,) N , i al z/1 1 l_.-1 _l__.1 Z /) _i__, _L1 o � i Ll N � z�1 0 Z) ,- _L1 a) -L' zi) , 1 c_-_,) L1 L) - ill CL > i � L) ,� L1 =L �) L) ' z'� _1 -) z,) k--. , - � l l) _L7 L) L 1I _L -Ll L� N -L) _L, t Ll �� k__. , z.1 zi� 1/4__. z.;-) L , , Li ( 0 a) a) z 1 _; _; 1 Z) 0 =L I) _L7 , L� Z) z7) -1/4--. Cl) 'L, U _L7 -1 l) -1-1 �) L-) al _L) CD Li L) L) - L) 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the Maximo application at the Mayor's request STAFF PRESENTER(S): Name TitlelPosition Department 1. Michael Armstrong Director of MIS 2. Gustavo Gonzalez Water Department Director 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. 3. BACKGROUND: Presentation at the Mayor's request. 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User Information ...._ ;.....: Contact Name VIP Sponsor P 1::::::::::::;................................................... ..:-..:"....1. ,.....------------------------i Contact Phone 11..................................................... VIP Name :....-:::. ji Customer ID CUST6792538 Ali ACM OMARTINEZ ..1....2:..▪ - 01 OSCAR -.';'......:: Customer Name FI.2.2.2.L..................................................... ....,/. ACM Name -. tylARTINEZ ........ Customer Phone —• Dept Contact FCROWELL :......f..- :1.-r, Customer Acct 187791-180L._ _ Dept Name FOSTER C:Rial.P.IELL ............„„„„„„„„„„„„„„„„„„„„„„.....„.........r„, Dept Phone Customer Address 11............................................................. Contact Method Phone P ...-. Reported By CALL7877 ill Name HELLEN LAD:DR -::"....'3. Work Needed At SERVPREM180 Oa lill :•;............ Service Request Details ,..... ...,... . 4.. Service Group (Dept) ......... ila Details bkup in the hornet do in the front. ...▪ . Cust Report Code BKUP .., I, • .. ■,, ..,. 0 Cust Rep Code Desc BACKUP IN HOME OR BUSINESS 4 :.:•.:,...,_ (MRC) COL Service (MRC) --L _ . 01•• ..... .„.„ „ . ,.„ • • • •• • --. :,:•.:: Ass ela :.....,,.... Reported Priority 'm 4 ... et 0 _ IMF " -7,71',77;